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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 9-26-4

Citation
Section 9-26-4
Parent Document
In Re Tetreault, 11 A.3d 635 (2011)
Jurisdiction
Rhode Island (state)
Effective Date
2011-01-13

Other Sections in This Document (98)

Full Text

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In addition to the statutory authority to sell, executrix in this case possessed the power to sell testatrix’s real property by virtue of the provisions of her will. Rhode Island’s probate laws do not directly address the interplay between the power of sale in a will and the statutory scheme discussed above concerning the authority required for the sale of generally devised real property by an executrix. An examination of whether Probate Court approval is required for the sale of generally devised real property, when an executrix possesses a valid power of sale under the will, is instructional in this Court’s answer to certified question three.