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Sec. 45a-427. (Formerly Sec. 45-271c). Sale of real property to pay legacies.

      Sec. 45a-427. (Formerly Sec. 45-271c). Sale of real property to pay legacies. When the payment of a pecuniary legacy is charged, or is by law chargeable, upon the real property of the testator, or when devised real property is to be sold and no provision is made by the will for the sale, or there is no person designated to sell who is capable or willing to act, the Court of Probate may order the sale of such estate, or so much thereof as may be necessary to effect the intention of the testator and to pay the incidental charges, by such person and in such manner as it deems proper.

      (1949 Rev., S. 6969; P.A. 80-476, S. 314.)

      History: P.A. 80-476 substituted "real property" for "real estate" and made minor change in wording; Sec. 45-181 transferred to Sec. 45-271c in 1981; Sec. 45-271c transferred to Sec. 45a-427 in 1991.

      Annotations to former section 45-181:

      Until this statute equity alone had the power to order real estate sold to pay legacy charged thereon. 27 C. 535. Cited. 121 C. 112.

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