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Sarat Chandra Banerjee vs Nani Mohan Banerjee on 17 May, 1909

".... On looking into the matter carefully however I find that the case of Sarat Chandra v. Nani Mohan (2), on which Greaves, J., principally relied, is easily distinguishable from the facts of the present case. In that case, as I have already said, the executor named in the will of which probate was sought had died before obtaining a grant and an application was made by the heirs of the executor to be substituted in his place. The case thus came directly within the mischief of S. 222, Succession Act, which provides that probate shall be granted only to an executor appointed by the will. Now the words of this section show that the right to obtain a probate is confined to the executor and can by no means devolve upon the heir of the executor. ...."
Calcutta High Court Cites 0 - Cited by 28 - Full Document
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