(a) If, by any will, authority is given to several executors, or other persons, to sell real estate, and, if 1 or more of them die before the complete execution of the authority, such authority shall survive.
(b) If, by any will, real estate is devised to be sold, and no person is authorized to make the sale, the person, or persons, having the execution of the will, or the survivor or survivors of them, if several, may sell the real estate in execution of the devise.
(c) If, by any will, real estate is devised to a person or persons for life and after the death of such life tenant or life tenants to be sold, and no person is authorized to make the sale, the person or persons who have the execution of said will at the period when such sale is directed to be made, or the survivor or survivors of them, if several, may sell the real estate in execution of the devise.
(d) If, by any will, authority is given to an executor to sell real estate, and the person so named as executor therein dies, or is removed or discharged from the office of executor before the execution of the authority, or refuses or neglects to give bond, or renounces, or is incapable, the person or persons having the execution of the will, or the survivor or survivors of them, if several, may sell the real estate in execution of the devise.
(e) Whenever real estate is sold and conveyed in any such case as mentioned and provided for in this section, the purchaser or purchasers thereof shall take the same free and discharged from any liability as to the application, misapplication or nonapplication of the purchase money or any part thereof. Nothing in this section shall contravene any express direction contained in any will.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 27. SALE OF LANDS BY EXECUTORS AND ADMINISTRATORS
§ 2701. Petition for sale of realty to pay decedent's debts; notice.
§ 2702. Application by creditor to compel sale of realty; procedure.
§ 2703. Proof in action to compel sale of realty.
§ 2704. Order of sale; realty to be sold.
§ 2705. Partition no bar to sale.
§ 2706. Manner of sale; notice and adjournment in case of public auction.
§ 2710. Application of proceeds of sale; order of payment of debts.
§ 2711. Disposition of surplus after paying debts.
§ 2712. Order for disposition of surplus.
§ 2713. Bond to be given by executor or administrator before executing order of sale.
§ 2714. Purchase money payable to a successor administrator.
§ 2715. Refund of purchase money when sale not returned or not approved.
§ 2716. Charges of sale; taxing and payment.
§ 2717. Power to refuse order for sale or to approve a sale.
§ 2718. Appeal to Supreme Court.
§ 2719. Power of sale in will; execution; liability of purchaser for application of purchase money.