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
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
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will refer to each in this judgment, I will not repeat these
in the narrative that follows.
B. The Pleadings and the Will sought ... Will, Nergish supposedly made the following
provisions. First, she appointed Mahabanoo and Dr. Kotwal as her
Will's Executors and Trustees. Under Clause
Dinsha Vachha Road, Mumbai
400 020
4. HEMRAJ ASHER
Executor of the Probated Last Will and
Testament dated 25th January 2005 and the
Codicil dated ... Mumbai 400 001
5. PRASHANT K. ASHER
Executor of the Probated Last Will and
Testament dated 25th January 2005 and the
Codicil dated 28th June
Dinsha Vachha Road, Mumbai
400 020
4. HEMRAJ ASHER
Executor of the Probated Last Will and
Testament dated 25th January 2005 and the
Codicil dated ... Mumbai 400 001
5. PRASHANT K. ASHER
Executor of the Probated Last Will and
Testament dated 25th January 2005 and the
Codicil dated 28th June
CHITTARANJAN NAROTTAMDAS
NEGANDHI,
of Mumbai, Hindu Inhabitant,
sole surviving Executor and Trustees of the
Will of the above deceased, residing at Green
Bungalow, Subhash Road ... 24th July 1979. He was one of the two Executors named in
her Will; the Plaintiff is the other. The Plaintiff is, thus, the sole
Suman; and
their daughter, Nisha. All three Plaintiffs are Executors named in
Rajendra's Will dated 10th May 2006. They seek probate to this ... Appointment of Executors and Their Duties", he
appoints Jitendra, Suman and Nisha, the Plaintiffs, as the Executors
and Administrators of his Will, and lists
childhood.
4. This Will has a title: "Will in favour of Wife and Son". The
four-page Will is typed in English ... Paragraph 4, the testator declares that his
elder son Narsingh will be the sole Executor and administrator of
the properties and the profits derived from
Will. She died on 8th February 2006, leaving a Will dated 16th
January 2003.3 Lata's Will appointed Shahani as the sole Executor ... filed this Petition for the Letters of Administration with Will
annexed as the proving executor of Lata's Will in place and stead
