In re the Removal of Fagin

The respondent was, by the will of her father, named, and appointed by the Probate Court of this county, executrix and trustee, together with her brother Peter. At the time of the death of the testator, and of her appointment, she was an unmarried woman. After she had qualified she married; subsequently her husband died. The question arises, Was her authority as executrix and trustee extinguished by her marriage ? If so, did it revive on the death of her husband ?

Independent of any statute, the general rule of the English law is that any person may be an executor or trustee if mentally…