terms whereof, four executors were appointed in each set
of Will (1982 Will).
The executors nominated in MPB's Will were ... Will;
(vi) Executor appointed in place of original Executor;
(vii) Executor appointed in place of MPB in purported conformity with
the 1982 Will
orally and in writing had requested the executors to
carry out their duties as executors of the Will but as they failed ... said executor wish to act as
executor. It was also clarified that if the said executor seeks to take inspection
of the original Will
survive until the executors survive. If the sole executor dies or upon
the death of all the executors named in the will no question would ... renders valid
intermediate acts of the executor as such. Where an executor is named in the
will probate can be granted only to an executor
Agreement between two testators that none of them will revoke his/her Will by making subsequent Will.
(ii) Surviving testator is given life interest ... mutual Will, then the so-called second Will of 18th April 1999 Will not stand. Thus his client as an executor of that Will, will
genuineness of the Will and also by existence of the mutual Will. As such the named executor in the allegedly last Will is not entitled ... distinguished from his capacity as executor, is not affected. Lodha's controlling capacity as executor will only be suspended till the determination
that the issue regarding appointment of an executor upon the death of Original Executors appointed under the will during the pendency of testamentary suit ... dated 01.11.2006. The executors appointed under the will are also a legatees under the will. Once, the executors appointed under the will, are also
genuiness of the Will and also by existence of the mutual Will. As such the named executor in the allegedly last Will is not entitled ... distinguished from his capacity as executor, is not affected. Lodha's controlling capacity as executor will only be suspended till the determination
alleged Will. Clause 8 of the Will also creates serious doubts about the genuineness of the Will. Caluse '8' of the Will reads ... execution of the Will by the testator and she came to know about the Will by one of the executors only
indicate that the executors had discharged their duties as executors and that the residue was ascertained. It is admitted by the executors themselves that most ... duration of the office of executor with its powers and rights--and in this sense. an executor remains an executor for an indefinite time
distinction between the
executor and holder of letters of administration; that the
executor is a creature of the will; that he derives his
authority from ... virtue of the will and not by virtue of the probate. The
will gives the property to the executor. The grant of
probate is only
