Giddings v. Butler

Citations

• 47 Tex. 535

Syllabus

<p>1. Execution of power—Executors. —A power committed to two or more persons, unless it otherwise appear from the instrument by which it is delegated, is properly executed only by the joint act of all, or of all who have accepted the trust.</p> <p>2. Same—Equity—Specific performance.—When a trust is executed by one of several joint executors, with the consent and approbation of the others, or when the others subsequently ratify a sale made by one under the trust, the act of the single executor will be regarded in equity as binding upon the estate.</p> <p>3. Same.—A deed made by one of several executors, authorized by will to act independent of the control of the Probate Courts, if authorized by the co-executors, and approved by them when made, is merely an irregular and imperfect execution, of the power, which will be aided in equity.</p> <p>4. Same—Estoppel.—Courts of equity may enforce specific performance of a parol sale of land, or hold executors and trustees bound by acts of estoppel, where their power is unshackled and coupled with an interest.</p> <p>5. Execution of power.—The exceptions recognized above are as well settled as-the rule that a joint power must be executed by the joint act of the trustees or executors.</p>