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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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98 R.I. 394, 399, 202 A.2d 516, 519 (1964). Based on this public policy, we hold that the express testamentary grant of power of sale includes the right of an executrix to immediate possession and control of the generally devised property in order to make such property marketable for sale. This right includes the authority to evict a tenant in common remaining on the generally devised property contrary to the interest of the estate. See 34 C.J.S. Executors and Administrators