Warden v. Richards , 77 Mass. 277 ( 1858 )

Shaw, C. J.

When the power to sell is given to executors as incident to the execution of the appropriate duties of executors, and as executors, if one declines, the other may execute. Here it was a power to sell for the payment of debts and legacies, and no more. The power was good to that extent, without expressing any opinion as to other powers. The plaintiff could therefore give a good title. Judgment for the plaintiff.