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
said Will. He specifically
contends that Panchanan Adhya, the testator of the Will of which the
plaintiff is the executor, was aware of the consent ... claimed under the related Will so long as the
competent Court does not grant probate of such Will.
An executor as defined in Section
their capacity as the }
Executors of the Will of late }
Jehangir Pestonji Patel }
}
7(a) Yezdi Hiri Malegam }
of Mumbai Indian Inhabitant, }
residing at Gulestan ... their capacity as the Executors }
of the Will of late Shavak }
Pestonji Patel }
}
8. The Reserve Bank of India }
a Corporation constituted by the }
Reserve
death of
the testator, wherein an executor is named but the executor was not aware
of the Will. If, say, such Will were to provide ... will pay nominal costs
assessed at 4000 GM to the executors which the executors will be entitled
to adjust against the expenses incurred to defend
their capacity as the }
Executors of the Will of late }
Jehangir Pestonji Patel }
}
7(a) Yezdi Hiri Malegam }
of Mumbai Indian Inhabitant, }
residing at Gulestan ... their capacity as the Executors }
of the Will of late Shavak }
Pestonji Patel }
}
8. The Reserve Bank of India }
a Corporation constituted by the }
Reserve
Supreme
Court that the executor did not manifest his intention to act as an
executor of the Will by performing cremation ceremony of the
testator ... Will that his executor would
perform Shradh Ceremony and thereby the executor cannot take the
legacy of the Will as laid down in Section
influence,
(b) Whether the Will was duly attested,
(c) the genuineness of the Will and
(d) due execution of the Will.
This is the scope ... probate with a copy of the Will, will establishes
conclusively:-
(a) the appointment of the executor; and
(b) valid execution of the Will, and nothing
dichotomy between an executor and an
administrator. They indicate that the property
shall vest in the executor by virtue of the will
whereas the property ... 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
sole Executor of
this may last Will and Testament and he will take out Probate of
this WILL and shall administer my properties ... directions contained in
the Will dated 22.6.2010, Ex. PW1/3.
(vii) Petitioner will execute the necessary Administration Bond and
will undertake therein
