Alexander v. Nelson

OPINION

CANTRELL, Judge.

The primary question in this case is whether a testamentary trustee with the power to sell the trust property to a family member “for such price and upon such terms as he thinks best” is authorized to sell the property for less than the fair market value.

In 1957, George Alexander of Giles County died leaving twelve surviving children and a will disposing of his earthly possessions. The will named the testator’s son Clyde as executor of the estate and trustee of a trust created by the will. The pertinent sections of the will provide:

ITEM III: I give, devise and bequeath…