Alabama § 35-4-303 - Execution of Power by Surviving or Acting Executors; Presumption That Power Not Personal.
Full text of Alabama Code of Alabama § 35-4-303 — Execution of Power by Surviving or Acting Executors; Presumption That Power Not Personal., with citation guidance and answers to common questions.
§ 35-4-303. Execution of Power by Surviving or Acting Executors; Presumption That Power Not Personal.
Where lands are devised to one or more executors, or a naked power given by the will to sell, the survivor or survivors, where there are more than one named in the will, and the acting executor or executors, when any one or more of them dies, resigns, refuses to act, or is removed by a court of competent authority, and also an administrator with the will annexed has the same interest in and power over such lands for the purpose of making sale thereof as the executors named in such will might have had. Unless the contrary clearly appears by the terms of the will, it shall be presumed that the power or trust imposed is not a personal trust or confidence.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 35-4-303
What does Code of Alabama § 35-4-303 cover?
Section 35-4-303 ("Execution of Power by Surviving or Acting Executors; Presumption That Power Not Personal.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 35-4-303?
A common citation format is "Code of Alabama § 35-4-303" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 35-4-303 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.