testamentary power of sale
- testamentary power of sale
-
A power of sale of real or personal property of a decedent conferred upon the executor of the estate of the decedent by his will. 31 Am J2d Ex & Ad § 437.
Where a power of sale is given to an executor by virtue of his office, and not to him as an individual, the presumption is that it was given for the purpose of being executed in the interest of the estate and not for his own benefit. Sweeny v Warren, 127 NY 426, 28 NE 413.
Ballentine's law dictionary.
Anderson, W.S..
1998.
Look at other dictionaries:
power of sale — A provision in a chattel mortgage for the enforcement of the lien of the mortgage by sale, without the necessity of resort to judicial proceedings. 15 Am J2d Chat Mtg §§ 127 et seq. A provision in a real estate mortgage, or in a separate… … Ballentine's law dictionary
power — pow·er n 1: capability of acting or of producing an effect parties of unequal bargaining power 2 a: authority or capacity to act that is delegated by law or constitution often used in pl. commerce power often cap C&P: the power delegated to… … Law dictionary
power — The right, ability, authority, or faculty of doing something. Authority to do any act which the grantor might himself lawfully perform. Porter v. Household Finance Corp. of Columbus, D.C.Ohio, 385 F.Supp. 336, 341. A power is an ability on the… … Black's law dictionary
trust — A legal entity created by a grantor for the benefit of designated beneficiaries under the laws of the state and the valid trust instrument. The trustee holds a fiduciary responsibility to manage the trust s corpus assets and income for the… … Black's law dictionary
Sharīʿah — ▪ Islamic law Introduction also spelled Sharia the fundamental religious concept of Islām, namely its law, systematized during the 2nd and 3rd centuries of the Muslim era (8th–9th centuries AD). Total and unqualified submission to the… … Universalium
Anglo-Saxon law — While there is virtually no evidence of Anglo Saxon law per se (i.e. case law and jurisprudence), a significant amount of the literature of law from the Anglo Saxon period still survives. Discussion of Anglo Saxon law must, therefore, be confined … Wikipedia
Anglo-Saxon law — Body of legal principles that prevailed in England from the 6th century until the Norman Conquest (1066). It was directly influenced by early Scandinavian law as a result of the Viking invasions of the 8th and 9th centuries and indirectly… … Universalium
manage — To direct; to control; to govern; to administer; to oversee. Ure v Ure, 185 Ill 216, 218. It has been held in a majority of the cases that a testamentary authorization for an executor or trustee to manage property includes the power of sale. Anno … Ballentine's law dictionary
inheritance — /in her i teuhns/, n. 1. something that is or may be inherited; property passing at the owner s death to the heir or those entitled to succeed; legacy. 2. the genetic characters transmitted from parent to offspring, taken collectively. 3.… … Universalium
property law — Introduction principles, policies, and rules by which disputes over property are to be resolved and by which property transactions may be structured. What distinguishes property law from other kinds of law is that property law deals with… … Universalium