Massachusetts · statute · Mass. Gen. Laws ch. 204 · 28 active provisions
Section 1. If a person who has entered into a written agreement for the conveyance of real estate or holds real estate which by operation of law is subject to be conveyed to others, dies or is put under guardianship or conservatorship or disappears or absconds with the result that a receiver of his property is appointe…
Section 2. If, under a will, the sale of real estate by a trustee, executor or administrator with the will annexed is dependent upon the consent of a person who has deceased, the probate court having jurisdiction of the settlement of the estate may, in its discretion, and if all parties interested assent, authorize the…
Section 4. An executor, administrator, guardian, conservator or trustee may, after the notice required upon a petition by him for a license to sell real estate, be authorized by the probate court to release and discharge, upon such terms and conditions as may appear to be proper, a vested, contingent or possible right…
Section 5. An executor, administrator, guardian, conservator or trustee may be authorized by the probate court, after notice to all persons interested, to sell and convey or release upon such terms and in such manner as the court may order, lots in cemeteries belonging to the person or estate by him represented.
Section 6. A mortgage given by an executor, administrator, guardian, conservator or trustee under license of court may contain a power of sale, and every such mortgage shall state that it is made under license of court and the date of such license.
Section 7. All proceedings in probate courts relative to sales by a foreign executor, administrator, guardian, conservator or trustee shall be in the county where an authenticated copy of his appointment is first filed.
Section 8. No license to sell by an executor, administrator, guardian, conservator or trustee shall be in force for more than one year after the granting thereof, except as provided in section eighteen of chapter two hundred and two.
Section 9. In every sale of the real estate of a deceased person or a ward by an executor, administrator, guardian or conservator, the surplus of the proceeds remaining on the final settlement of the accounts shall be considered as real estate, and shall be disposed of to the same persons and in the same proportions to…
Section 10. If a person appears and objects to the granting of a license to sell real estate and the court finds that either the petition or the objection thereto is unreasonable, it may award costs to the prevailing party.
Section 11. A person authorized to sell land under license of court shall be required, upon petition to the probate court by an heir, creditor, ward or other person interested in the estate, to answer on oath as to all matters relative to his exercise and fulfilment of said license as fully as he is liable to account a…
Section 12. The supreme judicial court, upon petition of a party interested and after notice, may order the sale or transfer of any real or personal property held for churches, cemeteries or other like trusts and the investment or disposition of the proceeds, and may make orders and decrees necessary to secure the righ…
Section 19. No sale of real estate under license of court, and no title thereunder, shall be avoided for the reason that the deed was not delivered within one year after the license, or on account of any irregularity in the proceedings, if it appears— First, That the license was granted by a court of competent jurisdic…
Section 20. If the validity of a sale is drawn in question by a person claiming adversely to the title of the deceased or of the ward, or under a title not derived from or through the deceased or the ward, the sale shall not be void by reason of any irregularity in the proceedings, if the executor, administrator, guard…
Section 21. If a license is granted by a probate court for a sale or mortgage of real estate to pay the debts and charges of a deceased person or of a person under guardianship or conservatorship, the adjudication of said court as to the existence of such debts and charges shall be final so far as the same may affect a…
Section 22. No action for the recovery of property sold by an executor or administrator under chapter two hundred and two shall be maintained by an heir or other person claiming under the deceased unless commenced within five years next after the sale; and no action for property sold by a guardian or conservator under…
Section 23. If an act or proceeding of a person acting as executor, administrator, guardian, conservator, trustee, receiver, commissioner or in any other fiduciary capacity under an appointment or license of a probate court is void or voidable by reason of an irregularity or of want of jurisdiction or authority in the…
Section 24. If the authority or validity of an act or proceeding of the probate court or of a person acting as executor, administrator, guardian, conservator, receiver, commissioner or other fiduciary officer appointed by the probate court, or trustee is drawn in question by reason of an alleged irregularity, defective…
Section 25. An executor, administrator, guardian, conservator, trustee, receiver, commissioner or other fiduciary officer appointed by the probate court whose appointment is invalid by reason of an irregularity or of want of jurisdiction or authority in the court which made it, shall account for all money, property or…
Section 26. If an executor, administrator, guardian, conservator, trustee, receiver, commissioner or other fiduciary officer appointed by the probate court, or a person employed by him to give notice of sale of real estate, has failed to file an affidavit of such notice in the probate court and such affidavit cannot be…
Section 27. A power of appointment, whether or not coupled with an interest, and whether or not existing at the time this section takes effect, and whether the power is held by the donee in an individual or in a fiduciary capacity, may be released, wholly or partially, by the donee thereof, unless otherwise expressly p…
Section 28. A power releasable according to section twenty-seven, or under common law, may be released, wholly or partially, by the delivery of a written release executed by the donee of the power for consideration or under seal to any person who could be adversely affected by the exercise of the power, or to any perso…
Section 29. A release executed by the donee of a power releasable according to section twenty-seven, or under common law, and delivered or filed in accordance with the first sentence of section twenty-eight, shall, subject to the second sentence of section twenty-eight, be effective to release the power to the extent i…
Section 30. If a power of appointment releasable according to section twenty-seven, or under common law, is or may be exercisable by two or more persons in conjunction with one another or successively, a release of the power, in whole or in part, executed, and delivered or filed, in accordance with the first sentence o…
Section 31. The word ''release'', as used in sections twenty-eight to thirty, inclusive, shall include (1) an instrument wherein the person who executes it in substance states that he wholly releases, or agrees in no respect to exercise or participate in the exercise of, a power of appointment, and (2) an instrument wh…
Section 32. Release of a power of appointment otherwise releasable shall not be prevented merely by provisions in restraint of alienation or anticipation contained in the instrument creating the power.