Trusts & Estates – Wills – Real Property – Direction to Sell – Upset Bid Procedure – Inapplicable

Riggs v. Burns Since the testator’s will directed that his land be sold and the proceeds divided among his beneficiaries, the will vested title in the testator’s heirs – not the executrix – pending the sale. Therefore, G.S. § 28A-17-10 does not apply, and there was no requirement that the executrix’s private sale of the land be subject to the upset bid provisions of G.S. Chapter 1, Article 29A. We affirm judgment on the pleadings for defendants.

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North Carolina Lawyers Weekly

Trusts & Estates – Wills – Real Property – Direction to Sell – Upset Bid Procedure – Inapplicable

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