Chassaing v. Durand

Citations

• 85 Md. 420
• 37 A. 362
• 1897 Md. LEXIS 75

Syllabus

<p>Bequest to Executor— When Failure to Act as Executor Forfeits the Bequest.</p> <p>Where a bequest is made to one as executor, the presumption is that the gift is annexed to the office; and if he refuses to act as executor, or dies before taking upon himself the trust, the legacy fails. But this presumption may be rebutted, and if it appear from the will and the circumstances under which it was executed, that the legacy was given to the party, not in his fiduciary character, but as an individual and from personal affection, he will be entitled to the same, although he should refuse to serve as executor.</p> <p>By his will the testator gave certain personal chattels to his friend, A. B., who was also named as executor, “requesting him to follow some instructions given in my private letter to him.” By a codicil the testator bequeathed a sum of money to A. B. in addition to the chattels, and added, “I thank him in advance for his services in closing up my estate as testamentary executor.” A. B. renounced the office of executor. Held, that the pecuniary legacy to A. B. was not given to him as executor, but as the testator’s friend, and that he was entitled to the same notwithstanding his failure to act as executor.</p>