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. . 1998.

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