First Union National Bank v. Broyhill

This will confers upon the trustees no express power of sale. This the plaintiffs concede. The question is whether such power is conferred by implication.

*192Applicable principles are succinctly stated in Hall v. Wardwell, 228 N.C. 562, 46 S.E. 2d 556, as follows:

“In the absence of authority conferred by the will, ... a trustee under a testamentary trust has no authority to convey the fee in the land devised. But the power to convey need not be expressly conferred. It may be implied from the context of the will. 54 A.J., 349. It is purely a question of testamentary intent. Tippett v. Tippett, 7…