Strite v. Wolf

Citations

• 268 Pa. 221
• 110 A. 753
• 1920 Pa. LEXIS 656

Syllabus

<p>Trusts and trustees — Sale of real estate — Administrator d. b. n. e. t. a.- — Proper person to'male sale.</p> <p>1. The substituted trustee and not the administrators d. b. n. c t. a. is the proper person to make a sale of the real estate as directed by the will where the testator created an express trust and devised the estate to the same person named as executor and trustee to hold, manage, sell and dispose of the same and the executor had performed his functions as executor and filed his account as trustee and was discharged and the court appointed a trustee in his place.</p> <p>2. Trust duties imposed upon an executor including power of sale for distribution, may pass to the administrator c. t. a. but not where such duties have been specifically committed to a testamentary trustee.</p>