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
Original Source: https://www.courtlistener.com/opinion/2560125/in-re-tetreault/ ↗

Full Text

727 chars

can be distinguished from the instant case because here executrix possessed an express power of sale under testatrix’s will. Unlike the statutory power of sale, the testamentary power of sale in this case may be exercised by executrix without obtaining Probate Court approval. Although the property had not yet been sold at the time of bankruptcy filing, executrix had clearly demonstrated her intent to sell the property in order to settle the probate estate and had taken affirmative steps to do so. Further, even if at the time of bankruptcy filing executrix had not yet “invoked” the statutory procedure of § 33-12-6, executrix nonetheless had initiated efforts to exercise her express power of sale under testatrix’s will.

Other Sections in This Document (98)

Full Text