Report No. 110

Chapter 23

Bequests to an Executor (Section 141)

23.1. Section 141.-

The special topic of bequests to an executor is governed by section 141. Under section 141, if a legacy is bequeathed to a person who is named an executor of the will, be shall not take the legacy, unless he proves the will or otherwise manifests an intention to act as executor.

The illustration to the section is as follows:-

"A legacy is given to A, who is named an executor. A orders the funeral according to the directions contained in the will, and dies a few days after the testator, without having proved the will. A has manifested an intention to act as executor".