application alleging misconduct of an Executor, the Court cannot shut eyes to conduct
of Executor and allow an executor to continue, irrespective of his working ... whole or part of his property his will, if properly drawn, will direct the
executor, after performing the ordinary duties of administration, to make over
will of Govind in the year 1934. Probate of this will was ultimately granted in the year 1937. Joshi, the proving executor, in the course ... executors Trimbak was the preferential executor if he may be so styled, and he continued to act as the executor and managed the estate
immovable
properties under the will were bequeathed to two different
individuals. It was provided in the will that the executors
and trustees should convey these ... executor, then, as if the
executor were an individual; or
(b) if there are more executors than one, then, as if
the executors were
will when granted establishes the will from the death of the testator and renders valid all intermediate acts of the executor as such. Section ... executing a registered will, dated 10-6-1924 and under the will Babu Sheo Pragash Singh aforesaid appointed the applicant as executor for the management
Court of equity will examine into it, will ascertain the value that was paid by the trustee and will throw upon the trustee the onus ... testator would, upon his death, have accrued to the surviving executor or executors, which is consistent with the rule which prevails in England, Flanders
vested in legal ownership in the executors in respect of which they were appointed executors under the will, there were ... executor is called a special executor. Executors appointed generally for all the property are called the general executors (See Jarman on Wills
relevant prorvisions of the wills there under consideration. and the will in hand are entirely different. The wills in those cases did not make ... provided such legatee proves the will, when the deceased has made a will, but has not appointed an executor. In the instant case, the deceased
registered, the alleged Will
annexed to the testamentary petition is not as per her last Will and
Testament. The said Will was alleged to have ... Will the plaintiff as the executor as he was
already named as the executor in the Will dated 16th October, 1996 of
the mother
necessary to make a person an executor as his title as executor is derived under the will. (5) Probate is merely the authentic evidence ... executor by virtue of the will, not of the probate. The will gives the property to the executor; the grant of probate is the method
where the purchaser knows that the executor is abusing his position; and if an executor, being merely executor, mortgages for his own private debt, such ... collusion with the executor. The main object is that the executors should not be hampered in their administration. It will be indeed difficult for them
