The last will of a testator is to be thoroughly fulfilled according to his real intention.

Explanation

The executor's duty is to carry out the testator's wishes as the testator actually intended them — not as the executor might wish them to have been.

Where this applies

• The executor of the estate is distributing assets differently than what the will says.
• A trustee is ignoring the clear instructions in the deceased's will.

See also

• 5.7.2 In wills, the intention of the testator is more especially regarded.
• 5.7.3 We interpret the charters and deeds of laymen benignly, on account of their simplicity.