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In This Volume

Part 7 of the Act (ss. 57 to 75) deals with a variety of powers, duties, and liabilities of executors and administrators. Of particular note are ss. 57 and 64 regarding executors. Section 57 provides that where one executor renounces probate of a will, dealings with land devised on trust for sale by the remaining executors named in the will who prove and obtain probate are as effectual as if every executor had joined in the dealings. Section 64 provides for the assumption of the duties of administering an estate by the executor of a deceased executor where the latter dies testate. In this respect, see the Appendix at the end of this Act regarding the land title office’s requirements where there is a death, discharge, or removal of a personal representative before completion of the administration of an estate.

Section 67 of the Act provides for the raising of money when a testator has charged real estate with the payment of debts, legacies, or other specific sums of money but has not made an express provision in the will for raising the money.