Although a person may have given his promise to the testator to act in due time as the executor of the will, such person cannot be compelled to accept the executorship. The executor may refuse or accept at his discretion; he must refuse or accept the office in its entirety. There is no middle road. The exercise of this discretion should be made before letters testamentary have been issued to him, and while he may resign or be removed after qualification, he can be compelled to act, and he has no right to renounce after receiving letters testamentary, except by consent of the court under whose jurisdiction he acted.19 If a person enters into an agreement to renounce his right to act as executor of a will, such agreement is regarded as illegal and unenforcible.20

The renunciation or the refusal to act may be shown by circumstances or by the neglect to qualify and act.

An executor having renounced all his right to act as executor under the will, either by failure to act or by written request, may nevertheless, upon his own application, withdraw such renunciation and receive letters testamentary under the will.

18 Stewarts App., 56 Me., 300;

Smith's App., 61 Conn., 16

L. R. A., 538. 19 Sears vs. Dillingham, 12 Mass.

358; Washington vs. Blunt, 43 N. C, 253. 20 Nelson vs. Boynton, 54 Ala., 368; Staunton vs. Parker, 19 Hun. (N. Y.), 55.