died intestate, or leaving a will of which there is no executor willing and competent to act or where the executor is, at the time ... amount of interest, the safety of the estate and probability that it will be properly administered, appoint such person as he thinks
necessary implication. Illustrations (a) A wills that C be his executor if B will not. B is appointed executor by implication. (b) A gives ... appointed executrix by implication. (c) A appoints several person executors of his will and codicils, and his nephew' residuary legatee, and in another codicil
granted to the executor, if it in no way repeals the appointment of executors made by the will. Procedure when different executors appointed by codicil ... different executors are appointed by codicil, the probate of the will must be revoked, and a new probate granted of the will and the codicil
residuary legatee.
- When the deceased has made a will, but has not appointed an executor, or when he has appointed an executor who is legally ... died before the testator, or before he has proved the will,or when the executor dies after having proved the will, but before
Probate and Administration Act, 1977
107. Abatement of general legacies, executor not to pay one legatee in preference to another.
- If the assets, after payment ... absence of any direction to the contrary in the will, the executor has no right to pay one legatee in preference to another
absent executor.
- When any executor is absent from the Province in which application is made, and there is no executor within the Province willing ... letters of administration with the will annexed may be granted to the agent of the absent executor, for the use and benefit of his principal
eighteen years ; and Minority means the status of any such person ; Will. - Will means the legal declaration of the intentions of the testator, or with ... estate of the testator; Executor. - Executor means a person to whom the execution of the last will of a deceased person is , by the testators
Administration Act, 1977
92. Powers of several executors or administrators exercisable by owe.
- When there are several executors or administrators, powers ... note payable to the deceased. (f) the will appoints A, B, C, and D, to be executors, and directs that two of them shall
probate.
- Application for probate or for letters of administration with the will annexed shall be made by a petition distinctly written in the language ... application is for probate, that the petitioner is the executor named in the will. In addition to these particulars, the petition shall further state,- when
assent of the executor is necessary to complete a legatee's title to his legacy. Illustrations (a) A by his will bequeaths ... take possession of them, without the assent of the executor. (b) A by his will has bequeathed to C his house in Calcutta
