This postulates an acceptance
of the Will. If the Will itself is challenged, then the appointment of
the executor is itself in doubt, and there ... succession' by the next named executor. But where the sole
executor (or all executors) are removed, then the appointment would
have
clear evidence that the Executor's
continuance qua executor is detrimental or injurious to the estate
and will frustrate the Will, with the administration ... view, an executor who is not a
beneficiary cannot be permitted to continue
to act as executor and trustees under the
Will and codicil
executor is established unless probate is granted. 5
Probate can only be granted to an executor named as such in the
Will ... allowed re-entry. He cannot renounce
or recant his renunciation. Otherwise, executors will constantly step
in and out of probate proceedings. If executors constantly renounce
executor is established unless probate is granted. 5
Probate can only be granted to an executor named as such in the
Will ... allowed re-entry. He cannot renounce
or recant his renunciation. Otherwise, executors will constantly step
in and out of probate proceedings. If executors constantly renounce
favour of all executors
appointed under the will and willing to act, and that is
that executors are persons selected by the testator as
deserving ... appointment
being that he expects that his will will be fully and
properly executed when all the executors appointed by
him act together. Of course
executor is established unless probate is granted. 5
Probate can only be granted to an executor named as such in the
Will ... allowed re-entry. He cannot renounce
or recant his renunciation. Otherwise, executors will constantly step
in and out of probate proceedings. If executors constantly renounce
Will in question. The Will has four pages. It
is typewritten. There were two witnesses to this Will, one Mr. R. G.
Page ... bequest. Mr. Damania
agreed to serve as one of the executors to her Will.
Page 8 of 25
9th June 2016
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will
appointing him executor.
231. Procedure where executor renounces or fails to
accept within time limited.--If an executor renounces or
fails to accept ... executor.
17. A withdrawal by an executor is simply unthinkable, for it means
that the executor has given up the task of proving the will
22nd July 2003 made it clear that the Will was
not properly executed. The Will was void for uncertainty containing
no absolute bequests to Shobhana ... prove that the
amounts accepted by these defendants from the
executors of the alleged Will of the deceased Yes
were under protest and without prejudice
what I will call 'the HDFC Bank Will copy' is thus
not in doubt.
12. To return to the Will and its contents ... Will and the
Codicil, and all remain unexplained. It cannot be coincidence that
the witnesses to the Will and the executors are all related
