Shaugherssey v. Huffman's Adm'r

Opinion by

Judge Cofer:

It seems settled by the' authorities that when a testator directs his real estate to be sold, but fails to say by whom the sale shall be made, the executor will have the power of sale by implication. 2 Redfield on Wills 124; 1 Sugden on Powers 194.

If, therefore, the testator had plainly, or by necessary implication, directed his real estate to be sold, we should have no difficulty in holding that the sale made by the administratrix was valid. But we incline to the opinion that the will does not contain directions or authority to sell the real estate. It does not appear…