An administrator with the will annexed, appointed instead of an executor resigned, and all administrators with the will annexed, shall have the same power and authority as the executor had by the will of the testator, and may sell land, if the executor possessed that power.
Code 1858, § 2240 (deriv. Acts 1851-1852, ch. 141, § 4); Shan., § 3976; Code 1932, § 8188; T.C.A. (orig. ed.), § 30-118.
Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 33, 561, 986.
Tennessee Forms (Robinson, Ramsey and Harwell), Nos. 4-708 — 4-710.
Law Reviews.
Non-Tax Aspects of Estate Planning (Ronald Lee Gilman), 2 Mem. St. U.L. Rev. 41 (1972).