Section 141Legatee named as executor cannot take unless he shows intention to act as executor

s. 141

141. Legatee named as executor cannot take unless he shows intention to act as executor If a legacy is bequeathed to a person who is named an executor of the will, he shall not take the legacy, unless he proves the will or otherwise manifests an intention to act as executor. Illustration A legacy is given to A, who is named an executor. A orders the funeral according to the directions contained in the will, and dies a few days after the testator, without having proved the will. A has manifested an intention to act as executor.