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
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
beneficiary under the will of the deceased testatrix. The applicant executor died pending probate proceedings on 17th January, 1960. On the 25th January, 1960, opponent ... prosecution of such a proceeding. In other words, therefore, if the executor dies, the action which he has commenced to propound the will
pending application for the issue of probate it the sole executor dies, before proving the will, it will be competent for a legatee ... Williams' Executors and Administration (14th Edn. Vol. 1 page 192) which says:
"If a sole executor dies without having proved the will
legatee and
not an executor under the will. It is true that where an executor
dies, his heirs cannot be substituted because the executor
possessed ... only to an executor appointed by the will. When probate has
been granted to several executors and one of them dies,
Section 226 stipulates that
right of an executor to apply for probate is a right to sue, or that when an executor dies pending application for probate a right ... right to sue surviving on the death of the executor arises, even though the executor dies after the testamentary proceedings have become contentious
