In re Estate of Woods

By Judge James F. Almand

The Court must determine whether the Executrix of the estate of Virginia Slaven Woods has the authority and ability to convey an entire interest in real property if part of that property has already been transferred to a third party by one of the devisees under the will. The Court must then examine whether the proposed sale of real property by the Executrix amounts to self-dealing or a violation of her duty of loyalty as a fiduciary.

Having taken the matter under advisement and after reviewing the memoranda and arguments of the parties, the Court holds that under the…