The appointment may be express
or by necessary implication.
Illustrations
(a) A wills that C be his executor if B will not. B is appointed executor by implication.
(b) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law, C, and adds, “but should the within-names C be not living. I do constitute and appoint B my whole and sole executrix”. C is appointed executrix by implication.
(c) A appoints several persons executors of his will and codicils, and his nephew residuary legatee, and in another codicil are these words:––“I appoint my nephew my residuary legatee to discharge all lawful demands against my will and codicils, signed of different dates”. The nephew is appointed an executor by implication.
Illustrations
(a) A wills that C be his executor if B will not. B is appointed executor by implication.
(b) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law, C, and adds, “but should the within-names C be not living. I do constitute and appoint B my whole and sole executrix”. C is appointed executrix by implication.
(c) A appoints several persons executors of his will and codicils, and his nephew residuary legatee, and in another codicil are these words:––“I appoint my nephew my residuary legatee to discharge all lawful demands against my will and codicils, signed of different dates”. The nephew is appointed an executor by implication.