Hollenbach v. . Born

Before the revision of the section of the Code of Civil Procedure relating to Surrogates’ Courts in 1914, now the Surrogate’s Court Act, section 2613 of the Code provided that administrators with the will annexed shall “ have the rights and powers * * * as if they had been named as executors in the will.” It was held, however, that a naked power of sale of real estate conferred upon the persons named as executors of a will, discretionary in the sense that it is not imperative, unnecessary for the testator’s scheme of administration of his estate, did not pass to the administrator with the…