defendant was appointed as an executor. Since there is a sole executor appointed under the Will, a suit by the legatees alone as plaintiffs ... genuineness of Will is to be decided. As already stated, in the Will defendant No. 4 is named as the executor. It is very specifically
demise. I hereby appoint Mr.S. Sankaran as the executor of this will."
11. From the above recitals in the Will, it is clear ... respondent is not entitled for the probate as an executor of the Will.
24. The learned single Judge has merely proceeded on the basis
deceased had left behind a Will. Had the
deceased not made the Will Ex. PW1/2 the Executors could
not have informed RW1 about ... Will in the
morning at Tis Hazari when in their presence the
deceased had signed this Will. For all intents and
purposes, the Will Exhibit
application is for probate that the petitioner is the executor named in the will.
42. Another provision relied upon by Mr. Bhatia is Section ... Wills the later one will always prevail and, therefore, it is not necessary for the beneficiary of the later Will to seek either cancellation
executor. While
making the disposition, the testator has created so many duties to be
performed by the executor. The recitals in the Will under ... applicants executed a Will dated 6.5.1968 and as per the Will, he
has appointed the respondent herein as an Executor. I respectfully
submit that
kept in various banks. This amount was utilised by the executors of the Will as the corpus of the trust created ... 31st March, 2001. There were five trustees including the two executors of the Will.
8. The appellant applied for registration under Section
that alleged Will dated 19-6-1983 is the last Will executed by Ms. Elizabeth Britto and that the plaintiff is the executor appointed under ... executor and wherefore the plaintiff has filed the application as executor would not also be a suspicious circumstance surrounding the execution of the Will
Will had been duly registered. In the said Will, she appointed Devaraja Chettiar and the first plaintiff as the executors to carry out her wishes ... Taluk, Chengalpattu District on 26.10.1975. He has not appointed any executor under the Will. Plaintiff is the grandson of the deceased. The plaintiff
devolved on the plaintiff in accordance with the Will, absolutely. The said Will is the last Will and Testament of Tadimeti Kutumba Sastri ... executed a Will on 28-2-1992 or the will under Ex. P1 was revoked thereby. However, in respect of the alleged Will of Kutumba
appointed by the
Court, an executor is appointed by the will. An
executor owes his position as such to an appointment
by the testator. Where ... necessary implication, as an executor. Thus, to plead
that by virtue of being an executor of the will in
question, furnishing of Administration and Surety
