In re the Estate of Brocato

Hetherington, S.

Anna Brocato, widow of the testator; applies for letters testamentary on his will, on the ground that she is executrix according to the tenor.

*665An executor can derive his office from a testamentary appointment only. (1 Williams Executors, 209, and note a.) The appointment may be either express or constructive; and it may be an immediate designation, or an appointment by others by authority of the will. (Hartnett v. Wandell, 60 N. Y. 346.) Bayeaux v. Bayeaux (8 Paige, 333) is an example of an appointment of an executrix by implication, or according to the tenor. In that case the…