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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…

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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?

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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.

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