SEC. 91-7-49. Directions of will to be followed.
Whenever any last will and testament shall empower and direct the executor as to the sale of property, the payment of debts and legacies, and the management of the estate, the directions of the will shall be followed by the executor, and the provisions herein contained shall not so operate as to require the executor to pursue a different course from that prescribed in the will, if it be lawful. If land be directed by the will to be sold, the sale shall be made and the proper conveyance executed by the executors, or such of them as shall undertake the execution of the will, or by the person appointed by the will to execute the trust. If the executor fail to qualify or die before he execute the will, and if the person appointed fail to execute the trust, the sale shall be made by the administrator with the will annexed. The executor shall, in all cases, make publication for creditors to probate their claims, as required in the administration of the estates of intestates and with like effect, any provision of the will to the contrary notwithstanding.
SOURCES: Codes, Hutchinson's 1848, ch. 49, art. 1 (113); 1857, ch. 60, art. 136; 1871, Sec. 1194; 1880, Sec. 1984; 1892, Sec. 1838; 1906, Sec. 2013; Hemingway's 1917, Sec. 1678; 1930, Sec. 1622; 1942, Sec. 518; Laws, 1940, ch. 232.