Duty to carry out the will

(1) Where the entire inheritance has been distributed by way of legacies and the testator has not appointed an executor, the legatee who is the most benefited shall be deemed to be the executor. (2) Where there be more than one legatee in similar circumstances, such legatees shall choose one of them to be the executor. (3) When there is no agreement between the legatees, or when any of such legatees is a minor, absent person or under interdiction, the executor shall be appointed by the court.