Whenever any last will and testament shall empower and direct the executor as to the sale of property, the payment of debts and legacies, and the management of the estate, the directions of the will shall be followed by the executor, and the provisions herein contained shall not so operate as to require the executor to pursue a different course from that prescribed in the will, if it be lawful. If land be directed by the will to be sold, the sale shall be made and the proper conveyance executed by the executors, or such of them as shall undertake the execution of the will, or by the person appointed by the will to execute the trust. If the executor fail to qualify or die before he execute the will, and if the person appointed fail to execute the trust, the sale shall be made by the administrator with the will annexed. The executor shall, in all cases, make publication for creditors to probate their claims, as required in the administration of the estates of intestates and with like effect, any provision of the will to the contrary notwithstanding.
Miss. Code Ann. § 91-7-49
Directions of will to be followed
Applied in 2 court decisions — leading case 491 So. 2d 189 - Harper v. Harper (1986)
Most recently applied in Pringle v. Shannon (February 2001)
Codes, Hutchinson’s 1848, ch. 49, art. 1 (113); 1857, ch. 60, art. 136; 1871, § 1194; 1880, § 1984; 1892, § 1838; 1906, § 2013; Hemingway’s 1917, § 1678; 1930, § 1622; 1942, § 5…
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.