Report No. 110
35.12. Section 222.-
Section 222 provides that probate shall be granted only to an executor appointed by the will. The appointment may be expressed or by necessary implication. There are three illustrations to the section, as under
"(i) A wills that C be his executor if B will not. B is appointed executor by implication.
(ii) 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-named C be not living I do constitute and appoint B my whole and sole executrix". C is appointed executrix by implication.
(iii) 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 on different dates". The nephew is appointed an executor by implication."
The section needs no change, not having created any serious controversies.