State Codes and Statutes

Statutes > Ohio > Title21 > Chapter2107 > 2107_59

2107.59 Sale of land by executor's successor.

When a last will and testament is admitted to probate, or a will made out of this state is admitted to record as provided by sections 2129.05 to 2129.07 of the Revised Code, and lands, tenements, or hereditaments are given or devised by such will to the executors named in the will, or nominated pursuant to a power as described in section 2107.65 of the Revised Code, to be sold or conveyed, or such estate thereby is ordered to be sold by such executors and one or more of the executors dies, refuses to act, or neglects to take upon himself the execution of the will, then all sales and conveyances of such estate by the executors who took upon themselves in this state the execution of the will, or the survivor of them, shall be as valid as if the remaining executors had joined in the sale and conveyance. But if none of such executors take upon themselves the execution of the will, or if all the executors who take out letters testamentary die, resign, or are removed before the sale and conveyance of such estate, or die, resign, or are removed after the sale and before the conveyance is made, the sale or conveyance, or both, shall be made by the administrator with the will annexed or, if any, by a successor executor or successor coexecutor nominated pursuant to a power as described in section 2107.65 of the Revised Code.

Effective Date: 10-14-1983

State Codes and Statutes

Statutes > Ohio > Title21 > Chapter2107 > 2107_59

2107.59 Sale of land by executor's successor.

When a last will and testament is admitted to probate, or a will made out of this state is admitted to record as provided by sections 2129.05 to 2129.07 of the Revised Code, and lands, tenements, or hereditaments are given or devised by such will to the executors named in the will, or nominated pursuant to a power as described in section 2107.65 of the Revised Code, to be sold or conveyed, or such estate thereby is ordered to be sold by such executors and one or more of the executors dies, refuses to act, or neglects to take upon himself the execution of the will, then all sales and conveyances of such estate by the executors who took upon themselves in this state the execution of the will, or the survivor of them, shall be as valid as if the remaining executors had joined in the sale and conveyance. But if none of such executors take upon themselves the execution of the will, or if all the executors who take out letters testamentary die, resign, or are removed before the sale and conveyance of such estate, or die, resign, or are removed after the sale and before the conveyance is made, the sale or conveyance, or both, shall be made by the administrator with the will annexed or, if any, by a successor executor or successor coexecutor nominated pursuant to a power as described in section 2107.65 of the Revised Code.

Effective Date: 10-14-1983


State Codes and Statutes

State Codes and Statutes

Statutes > Ohio > Title21 > Chapter2107 > 2107_59

2107.59 Sale of land by executor's successor.

When a last will and testament is admitted to probate, or a will made out of this state is admitted to record as provided by sections 2129.05 to 2129.07 of the Revised Code, and lands, tenements, or hereditaments are given or devised by such will to the executors named in the will, or nominated pursuant to a power as described in section 2107.65 of the Revised Code, to be sold or conveyed, or such estate thereby is ordered to be sold by such executors and one or more of the executors dies, refuses to act, or neglects to take upon himself the execution of the will, then all sales and conveyances of such estate by the executors who took upon themselves in this state the execution of the will, or the survivor of them, shall be as valid as if the remaining executors had joined in the sale and conveyance. But if none of such executors take upon themselves the execution of the will, or if all the executors who take out letters testamentary die, resign, or are removed before the sale and conveyance of such estate, or die, resign, or are removed after the sale and before the conveyance is made, the sale or conveyance, or both, shall be made by the administrator with the will annexed or, if any, by a successor executor or successor coexecutor nominated pursuant to a power as described in section 2107.65 of the Revised Code.

Effective Date: 10-14-1983