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.
Structure Code of Alabama
Chapter 4 - Conveyances and Creation of Estates.
Section 35-4-290 - Reservation of Power by Grantor.
Section 35-4-291 - Powers Deemed Absolute.
Section 35-4-292 - Effect of Grant of Absolute Power.
Section 35-4-293 - Dispositions Valid to Extent of Power.
Section 35-4-294 - Power Disposing of Real Estate Required to Be in Writing.
Section 35-4-295 - Requirements for Disposition by Devise or Will.
Section 35-4-296 - Execution in Cases Where Instrument Specified Is Insufficient.
Section 35-4-297 - Disposition By, Between, or Among Several Persons Generally.
Section 35-4-298 - Execution of Power Upon Death of Trustee With Right of Selection.
Section 35-4-299 - Consent of Third Persons to Execution of Power.
Section 35-4-300 - Disposition to or Among Children.
Section 35-4-301 - Powers Irrevocable Unless Otherwise Indicated.
Section 35-4-302 - Release of Powers.
Section 35-4-304 - Execution of Power by Surviving Donee.
Section 35-4-305 - Special and Beneficial Powers Liable to Claims of Creditors.
Section 35-4-306 - Article Not Extended to Simple Power of Attorney.