Hilles v. Hilles

Citations

• 11 Del. Ch. 159
• 98 A. 296
• 1916 Del. Ch. LEXIS 30

Syllabus

<p>Where there is no devise to executors, but merely a power or direction to sell and convey real estate, the executors take no legal title.</p> <p>The general power of sale in executors will be implied, when the duties imposed on them cannot be performed without making a sale.</p> <p>A gift to several legatees, to be divided between them, does not by implication confer upon the executors a power to sell real property, but creates a tenancy in common.</p> <p>Where a will directed executors to divide the residuary estate into four parts, two of which were to be invested in safe and productive securities in trust for certain legatees, the words “I give and bequeath” being used in disposing of each part, the executors had implied power to sell realty which passed under such residuary clause.</p> <p>Where executors are directed by will to divide the residue of the estate and invest a specified portion thereof in securities, and eventually to pay over the trust fund so invested, they have power to sell real estate' in order to divide and invest the proceeds and pay over the property of the testator.</p> <p>Apparently contradictory and inconsistent provisions of a will should be reconciled, and effect given to every part of the will, especially where a later clause enlarges an earlier -clause.</p>