89-1-67 - Conveyance by administrator, executor, guardian, master, or commissioner.
§ 89-1-67. Conveyance by administrator, executor, guardian, master, or commissioner.
A conveyance by an administrator, executor, guardian, master, or commissioner, who may sell land under a decree of court may be in the following form, and shall be effective to convey all that could or would be conveyed in such case by any form of conveyance, viz.:
"By virtue of the authority conferred on me, administrator of the estate of ________, deceased, by the decree of the chancery court of ________ county, rendered on the ________ day of ________ confirming a sale made on the ________ day of ________, in pursuance of a decree of said court rendered on the ________ day of ________, I, as administrator of said estate, in consideration of ________ dollars, convey to ________, the purchaser thereof, the following land, to wit: [here describe the land].
"Witness my signature, the ________ day of ________, A. D. ________
________________"
The description of the character of the maker of the conveyance will vary the form according to the fact. And if a conveyance be made in pursuance of a power conferred by a will, and not by virtue of a decree, the will should be referred to as a source of power, instead of a decree.
Sources: Codes, 1880, § 1242; 1892, § 2486; 1906, § 2823; Hemingway's 1917, § 2324; 1930, § 2134; 1942, § 855.