Alabama § 35-4-303 Execution of Power by Surviving or Acting Executors; Presumption That Power Not Personal

Alabama Statutes

§ 35-4-303 — Execution of Power by Surviving or Acting Executors; Presumption That Power Not Personal

Alabama § 35-4-303

Title 35Property

Ch. 4Conveyances and Creation of Estates

Art. 12Powers

This text of Alabama § 35-4-303 (Execution of Power by Surviving or Acting Executors; Presumption That Power Not Personal) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 35-4-303 (2026).

Text

Where lands are devised to one or more executors, or a naked power given by the will to sell, the survivor or survivors, where there are more than one named in the will, and the acting executor or executors, when any one or more of them dies, resigns, refuses to act, or is removed by a court of competent authority, and also an administrator with the will annexed has the same interest in and power over such lands for the purpose of making sale thereof as the executors named in such will might have had. Unless the contrary clearly appears by the terms of the will, it shall be presumed that the power or trust imposed is not a personal trust or confidence.

Free access — add to your briefcase to read the full text and ask questions with AI

Where lands are devised to one or more executors, or a naked power given by the will to sell, the survivor or survivors, where there are more than one named in the will, and the acting executor or executors, when any one or more of them dies, resigns, refuses to act, or is removed by a court of competent authority, and also an administrator with the will annexed has the same interest in and power over such lands for the purpose of making sale thereof as the executors named in such will might have had. Unless the contrary clearly appears by the terms of the will, it shall be presumed that the power or trust imposed is not a personal trust or confidence.

Legislative History

(Code 1852, §1339; Code 1867, §1609; Code 1876, §2218; Code 1886, §1864; Code 1896, §1060; Code 1907, §3437; Code 1923, §6942; Code 1940, T. 47, §90.)