Western Australian Consolidated Acts Western Australian Consolidated ActsWhereas testators by their wills frequently appoint executors, without making
any express disposition of the residue of their personal estate:
and whereas executors so appointed become by law entitled to the whole residue
of such personal estate; and courts of equity have so far followed the law as
to hold such executors to be entitled to retain such residue for their own
use, unless it appears to have been their testator’s intention to
exclude them from the beneficial interest therein, in which case they are held
to be trustees for the person or persons (if any) who would be entitled to
such estate under the Statute of Distributions 5 , if the testator has died
intestate:
and whereas it is desirable that the law should be extended in that respect:
Be it therefore enacted by the King’s most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the same,
that —