will was of the joint family of
Ramalingam and his sons and the will was on that account
inoperative. The executors preferred appeals ... executors acquired under the will no title thereto
because the will was inoperative. The suits were resisted
by the executors principally on the ground that
husband) is unable to act
as executor for whatever reason, the
respondents are substituted as executors
under the Will.
37. The aforesaid recitals ... Probate only to appointed
executor. - (1) Probate shall be
granted only to an executor appointed
by the Will.
26
(2) The appointment may be expressed
been duly registered by their parents. No executors/ executor are/is appointed in the will and so an application filed for probate was converted into ... bear in mind that the will is a registered will and it has been registered by the executors presenting the document before the Registrar
that in case of death of an executor, representation would survive to the surviving executor or executors, as the case may be. At the same ... Will, and can survive till the executors survive. Moment the sole executor dies or all the executors die, the question of proceeding being kept alive
terms of the Will.
In case of any conflict between the terms of the Will and the settlement, the
former will prevail. The court, thus ... Will come in
conflict with each other. The testamentary court must give effect to the Will
and not an agreement by and between the Executor
said Will are :
"After my death the Executor of this Will shall
take possession of my entire properties and manage
them. He shall also ... alia, framed the following issues :
(1) Whether the defendant, as Executor of the
Will of his mother, is not competent to sell
the plaint schedule
executors by virtue of the will and not by virtue
of the probate. Will gives property to the executor; the
grant of probate is only ... that the executors never objected to the
vesting of the said property in the hospital. Three executors
were appointed under the will. They never objected
Will under which the right is claimed (or has
granted letters of administration with the Will or with a copy of the Will
annexed ... Will
produces the probate. Section 213 clearly creates a bar to the
establishment of any right under a Will by the executor or legatee unless
Hindu Wills Act does not apply to the will and consequently Section 187 of the Succession Act which enacts that no right as executor ... will, when granted, establishes the will from the death of the testator and renders valid all intermediate acts of the executor as such
earlier Will dated 21 st March, 2006 will prevail,
then it necessarily means that respondent No.1 should continue to
function as Executor.
24] This ... clear
evidence that the executor's continuance qua executor is detrimental
or injurious to the estate and will frustrate the Will, with the
administration
