Section 7. Appointment, express or implied.

The appointment may be express or by necessary implication. Illustrations (a) A wills that C be his executor if B will not. B is appointed executor by implication. (b) 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-names C be not living. I do constitute and appoint B my whole and sole executrix”. C is appointed executrix by implication. (c) 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 of different dates”. The nephew is appointed an executor by implication.