Adler v. Adler

Quillian, Justice.

By the terms of the will, the executor-trustees were empowered and directed to sell or to lease the realty devised to them for the trust estate at either public or private sale and upon such terms as to them seemed best. No reference whatsoever is made in the will as to any power being conferred upon them to grant an option to purchase the property. It has long been the rule, both in America and in England, until changed by statute in England (Law of Property Act, 15 Geo. Y, ch. 20, § 28, 1925), that “A trustee who has a power to sell in addition to a power to lease, whether…