Written authority needed to sell land.

- It would seem that since this section was enacted, if an executor or administrator desires to sell the land of the estate by an agent, the agency must be created in writing since that is the usual mode of appointing attorneys in fact. Scales v. Chambers, 113 Ga. 920, 39 S.E. 396 (1901).

Mere crier employed by administrator does not control sale but is simply the mouthpiece of the latter, and is in no sense the agent or attorney in fact of the administrator under this section, and cannot, over protest, complete the sale. Scales v. Chambers, 113 Ga. 920, 39 S.E. 396 (1901).

Power presumed properly exercised.

- If a testator gave the testator's executors power to sell property, such power will be held to have been properly exercised, in the absence of proof to the contrary. Webster v. Black, 142 Ga. 806, 83 S.E. 941 (1914).

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agency, §§ 20, 112 et seq.

C.J.S.

- 2A C.J.S., Agency, § 225 et seq.

ALR.

- Liability of receiver in his official capacity for torts or negligence of receivership employees, 10 A.L.R. 1055.

Disposition of all or residue of testator's property, without referring to power of appointment, as constituting sufficient manifestation of intention to exercise power, in absence of statute, 15 A.L.R.3d 346.

Liability of executor or administrator, or his bond, for loss caused to estate by act or default of his agent or attorney, 28 A.L.R.3d 1191.