Unless expressly limited in an instrument creating a power of sale or unless specifically otherwise provided in the instrument, the power of sale conferred upon an executor, trustee, or guardian may be exercised and executed by an administrator with the will annexed or by a successor administrator, trustee, or guardian. If the power is conferred upon more than one executor, trustee, or guardian, the surviving or remaining executor or executors, trustee or trustees, or guardian or guardians may exercise and execute the power.
History. Ga. L. 1955, p. 430, § 2.
Structure Georgia Code
Chapter 2 - Grounds for Equitable Relief
Article 6 - Exercise of Powers of Appointment and Sale
§ 23-2-110. Equitable Jurisdiction Over Powers
§ 23-2-111. Exercise of Discretionary Powers Not Compellable Generally
§ 23-2-112. When Faithful Execution of Power Compellable
§ 23-2-113. When Equity May Relieve Against Collusive, Illusory, Mistaken, etc., Executions
§ 23-2-114. Powers of Sale to Be Construed Strictly; Manner of Sale; Who May Exercise
§ 23-2-115. When Private Sale Authorized
§ 23-2-116. When Powers of Sale Exercisable by Successor Administrator, Trustee, or Guardian
§ 23-2-120. Application of Code Sections 23-2-117 Through 23-2-119