appointed an executor, or (b) the deceased has appointed an executor who is legally incapable or refuses to act, or who has died before ... testator or before he has proved the Will, or (c) the executor dies after having proved the will, but before he has administered
implied from the conduct of the executor or administrator. Illustrations (i) A horse is bequeathed. The executor requests the legatee to dispose ... executor pays the interest of the fund to A. This is an implied assent to the bequest to B. (iv) Executors die after paying
surviving executor or executors. Obviously, therefore, in cases where there are number of executors, if one or more dies, the entire representation of the testator ... instance of the executors so named in the Will, and can survive till the executors survive. Moment the sole executor dies or all the executors
instance of the executors named in the will
and can survive until the executors survive. If the sole executor dies or upon
the death ... hearing of a contested application for probate by a
sole executor the executor had died. His widow as legal representative
applied that her name
right to claim appointment as an executor is personal to the executor and the same dies with the death of the executor. The suit ... legatee and not an executor under the will. It is true that where an executor dies, his heirs cannot be substitued because the executor possessed
instance of the executors so
named in the Will, and can survive till the executors survive.
Moment the sole executor dies or all the executors ... proceedings would survive only till the executors
survived. The moment the sole executor died or all executors died, the
proceedings would come
appointed an
executor, or
(b) the deceased has appointed an executor who is legally
incapable or refuses to act, or who has died before ... died before the testator
(d) Had died before he has proved the Will.
(iii) Where the executor after having proved the Will has died
executor, if it in no way repeals the appointment of executors made by the will. Procedure when different executors appointed by codicil. - If different executors ... Accrual of representation to surviving executor.
- When probate has been granted to several executors and one of them dies, the entire representation of the testator
trustees, the continuing
trustees of trustee for the time being, or the executors or
administrators of the last acting trustee might appoint any
other person ... Durga Chorone died on 27-8-1898
_____________________________|______________________________
| | |
Saraswati (Widow). Shyama Chorone Tarani Chorone
Executrix died (Son) (Son).
on 30-10-1913. Executor, died Executor died
executor, if it in no way repeals the appointment of executors made by the will. Procedure when different executors appointed by codicil. - If different executors ... Accrual of representation to surviving executor.
- When probate has been granted to several executors and one of them dies, the entire representation of the testator
