A gives a legacy to B and several legacies to others, among them his daughter-in-law C. He adds: "but…
Under section 222(2) an executor may be appointed expressly or "by necessary implication". Illustration (ii) to section 222 reads this clause as appointing C executrix by…
Choose your answer
A gives a legacy to B and several legacies to others, among them his daughter-in-law C. He adds: "but should the within-named C be not living I do constitute and appoint B my whole and sole executrix". C survives A. Who is the executrix?
Answer and explanation
Correct answer B
Under section 222(2) an executor may be appointed expressly or "by necessary implication". Illustration (ii) to section 222 reads this clause as appointing C executrix by implication, since B is to act only if C is not living. Because C survives A, B's conditional appointment never takes effect.