Ex parte McDonnell

The Surrogate.

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…