Smith v. Montgomery

Fowler, J., delivered the opinion of the Court. This appeal presents but one question, namely, whether the Act of 1872, chapter 451, now codified as section 78 of Article 21 of the Code, requires the executor of a nonresident testator to report a sale of real estate lying in Maryland to the Orphans’ Court where the land lies, and to obtain its ratification of the sale. The section referred to is a long one, but we think its meaning is very clear. It provides that all deeds duly acknowledged and recorded, made my executors of wills of non-resident testators, executed to pass real estate, and proved according to law, conveying land in this State, shall be as valid and effectual in every respect “as if ¹⁴⁰ made by executors under last will and testament, duly executed, proved, and recorded in the office of the register of wills in this State, for lands lying therein, and whose sales of real estate, under the authority of said will, were duly made and reported to and ratified by an Orphans’ Court in this State; provided, that an authenticated copy of the said last will and testament shall have been filed and recorded in the office of the register of wills of the county where the land lies ; and provided, further, that full authority was given by said last will and testament to the executors to sell and convey said real estate.” We do not think there is any thing in this section which justifies the appellants’ position — for it is apparent that the words ‘ ‘whose sales of real estate under the 'authority of said will were duly reported to and ratified by an Orphans’ Court in this State,”