ART. 93. ] TESTAMENTARY LAW. 113

SALES.

Chapter 51 amends section 280, as follows:

4. In all cases where an executor may be authorized and
directed to sell the real estate of a testator, such executor may
sell and convey the same, and shall account therefor to the
Orphans' Court of the county where he obtained letters, in the
same manner that an executor is bound to account for the sales
of personal estate, and the Orphans' Court may allow such
executor a commission on the proceeds of such sale, not less
than two nor more than ten per cent., but such sale shall not be
valid or effectual, unless ratified and confirmed by the Orphans'
Court, after notice by publication given in the same manner as
practised in cases of sales of lands, under decrees in equity, and
the bond of such executor shall be answerable for the proceeds
of sales of the real estate which may come in his possession, to
the same extent as if it were personal estate in his hands; in
case the purchaser of any such real estate has transferred or
shall transfer his said purchase to another person, it shall be
lawful for the Orphan's Court, upon petition in writing by the
original, purchaser, and such assignee, and upon being satisfied
that such substitute or transfer may be made without injury to
the estate, to pass an order substituting such assignee as pur-
chaser of the said real estate upon such terms as may be deemed
expedient; regard being had to the interests of the estate and
directing the executor to convey the said real estate to the said
assignee, his heirs and assigns.

Passed March 23, 1865.

WILLS.

Chapter 162 adds the following sections to take place after section 328:

5. In all cases in which a testator, by will, has directed his or
her real estate to be sold for the payment of debts, or for any
other purpose, and the executor or executors therein named
shall refuse or decline to act, or shall die without executing the
powers vested in him or them, it shall and may be lawful for
8 SUP. III.