(1) The executors, or such of them as undertake the execution of the will, or, if all or more than one (1) undertake the execution of the will and part die or vacate the office, the residue or survivor, may sell and convey the land which the will directs or devises to the executor or to another person to be sold, or gives a discretionary power to sell, if no other person is appointed for that purpose, or if the person appointed refuses to perform the trust or dies before he has completed it.
(2) Pending an action or procedure to set aside or reject the will, there shall be no power to sell the land of the deceased, except under a judgment of court.