Where two or more executors are named in the same will, and one or more of them die or refuse to act, the letters may be granted to the other person or persons living and not disqualified to act.4 (a) Such remaining executor also may make conveyances which were directed and authorized in the will of the testator, regardless of the co-operation of the executor named who refuses to act.5

(b) If an executor has been granted power to convey real estate, such power is a personal trust; such power cannot be executed by the administrator with the will annexed, unless there is a statutory provision permitting such action. No provision having been made for such a condition of affairs in the will, the parties interested may apply to a court of equity for the appointment of a trustee.6

4 Shaw vs. Berry, 35 Me., 279; Jennings vs. Tegue, 14 S. C, 229.

5 Wisdom vs. Becker, 52 Ill., 342.