Probate only to appointed executor.—
(1) Probate shall be granted only to an executor appointed by the Will. (2) The appointment may be expressed ... necessary implication. Illustrations (i) A Wills that C be his executor if B will not. B is appointed executor by implication. (ii) A gives
died intestate, or leaving a Will of which there is no executor willing and competent to act or where the executor is, at the time ... amount of interest, the safety of the estate and probability that it will be properly administered, appoint such person as it thinks
residuary legatees.—
When— (a) the deceased has made a Will, but has not appointed an executor, or (b) the deceased has appointed an executor ... died before the testator or before he has proved the Will, or (c) the executor dies after having proved the will, but before
intention to act as executor.—
If a legacy is bequeathed to a person who is named an executor of the Will, he shall not take ... Will, and dies a few days after the testator,without having proved the Will. A has manifested an intention to act as executor
will
.When the Official Trustee has by that name or any other sufficient description been appointed trustee under any Will, the executor of the Will ... such Will to such Official Trustee; and, if such Official Trustee consents to accept the trust, then upon the execution by such executor or administrator
absence of any direction to the contrary in the Will, the executor has no right to pay one legatee in preference to another
granted to the executor, if it in no way repeals the appointment of executors made by the Will. (2) If different executors are appointed
direction of law as aforesaid. Illustrations (a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs
probate.—
(1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English ... application is for probate, that the petitioner is the executor named in the Will. (2) In addition to these particulars, the petition shall further state
died intestate, but a will has since been discovered. (vi) Since probate was granted, a latter Will has been discovered. (vii) Since probate was granted ... been discovered which revokes or adds to the appointment of executors under the Will. (viii) The person to whom probate was, or letters of administration
