trustees,  subject  to  the  execution  of  the  trust"  The  conclusion
would  seem  to  be,  that,  as  a  general  rule,  every  express  trust
created  by  will  to  sell  lands,  carries  Che  fee  with  it;  but  if  the
executors  be  not  also  empotvered  to  receive  the  rents  and  profitSj
they  take  no  estate,  and  the  trust  becomes  a  power  without  in-
terest. This  restriction  of  the  general  rule  applies  to  the  case  of
a  "  devise  of  lands  to  executors  to  be  sold  or  mortgaged;"  ^  and
the  usual  case  of  direxition  in  the  will  to  the  executors  to  sell  lands
to  pay  debts  or  legacies,  is  not  within  the  liberal  terms  of  the  re-
striction;  and  it  may  be  a  question  whether  it  be  one  of  the  cases
in  which,  according  to  the  60th  section  above  mentioned,  '^  the
whole  estate  is  in  the  trustees"  (a).
(3.)  Poivers  under  the  statute  of  uses.
