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Massachusetts Agencies

Executor's Power: No Need for License


With regard to to the question as to whether a license ought to be obtained regardless of the power contained in the will, this was said by Chief Justice Shaw in Going v. Emry, 16 Pick. 107:

Whenever an executor had the power under a will to sell real estate no license of any court is necessary to, or can give an additional validity to any sale and conveyance which he may make. And it is considered a good reason for refusing such license, that the power already exists.

The authority of an executor to act under a power contained in a will without the necessity of a license was most recently recognized in Samra v. Yuan, 40 Mass.App.Ct. 934, — N.E.2d — (1996).