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OTS 3.10

3.10 CONVEYANCES-BY EXECUTOR OR OTHER FIDUCIARY

Problem A:

Can an executor convey a good title, under an otherwise valid power, immediately after the probate of the will and the filing of the affidavit required under R.C. Sec. 2107.19?

Standard A:

Yes, when sold in good faith and provided proceedings to contest the will have not been commenced and assuming no rights of spouse under R.C. Sec. 2106.16 have been exercised, at the date the deed is delivered. Good faith is ordinarily presumed.

Comment A:

R.C. Sec. 2113.23 (G.C. Sec. 10509-24) provides that sales made lawfully and in good faith by the executor and with good faith of the purchaser shall be valid as to such executor. It should be presumed the legislature intended to make a conveyance valid as to a bona fide purchaser when making it valid as to the grantor.

(Effective as amended May 18, 1994. Originally effective November 1, 1952, and amended May 18, 1972)

Problem B:

Is a conveyance defective because a fiduciary signs and acknowledges as an individual?

Standard B:

No, provided the conveyance otherwise clearly shows an intention to convey as fiduciary.

(Effective May 21, 1953)

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