2 Bradf. 32 | N.Y. Sur. Ct. | 1851
Edward McDonnell applies for letters testamentary on the will of the testator, on the ground that he is executor according to the tenor. Though the executor can only derive the right to his office from a testamentary appointment, yet it is well established that his appointment may be either express or constructive. This, like all other questions of testamentary construction, is a question of intention, to be ascertained from an examination of all the provisions of the will. The rule seems to be that, although. an executor be not nominated in precise terms, yet, if by amy words the testator commit to any person the charge of those duties which it is ordinarily the province of an executor to perform, the intention to invest him with that character may be inferred. (Toller, 35; Williams on Executors, 186.)
The testator bequeaths as follows, “ After all my just