Massachusetts Agencies

Trustee's Power to Sell

Trusts and Trustees

Ordinarily one sees language in a trust, will or other instrument that pulls no punches and states flat out that the fiduciary has a power to "sell." But other language will also confer a power to sell upon the fiduciary. The classic phrase is "invest and reinvest," but other verbiage, stating that the property is "to be invested," or authorizing the fiduciary to "manage and invest" has been held to also include a power of sale as well. See Boston Safe Deposit & Trust Co. v. Mixter, 146 Mass. 100, 15 N.E. 141 (1888), Harvard College v. Weld, 159 Mass. 114, 34 N.E. 175 (1893). Language that the trustee has "powers of investment" would likewise include a power to sell.