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Vanderbilt Law Review

First Page

545

Abstract

The subject matter of this article will be treated under three heads dealing with, (A), the power of executors and administrators to sell real estate; (B), inheritance taxes; and (C), the law and the courts which determine, one, the validity of wills and two, who succeeds by operation of law. The core of the problem lies in the validity of wills and intestate succession to real estate. ... Two questions involving the power of executors or administrators have been considered by the courts. First, which executor, administrator or court has power to sell the real estate in order to pay creditors when there is insufficient personal property for that purpose --will executors or administrators appointed by a court of the domicil of the deceased, or in some other state than that in which the land lies, have this power, or may it be exercised only by the executor, administrator or court of the state in which the land is situated?

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