GEORGE
(Died on 29.7.2004) (Died on 19.06.2012)
(Will dated 11.12.1998) (Will dated 24.03.2010)
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(Grandson) ------------------------
ADRIAN (JR.) | |
(Executor) (Friend) CRYSTAL MAYES
(Probate granted in ARTHUR ... vide Will dated 11.12.1998. The respondent also claims that
George Reginald has also executed a Will appointing Arthur
R.W.Towt as the Executor vide
GEORGE
(Died on 29.7.2004) (Died on 19.06.2012)
(Will dated 11.12.1998) (Will dated 24.03.2010)
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(Grandson) ------------------------
ADRIAN (JR.) | |
(Executor) (Friend) CRYSTAL MAYES
(Probate granted in ARTHUR ... vide Will dated 11.12.1998. The respondent also claims that
George Reginald has also executed a Will appointing Arthur
R.W.Towt as the Executor vide
Will, the learned court found that the
Will was a registered one and executed in favour of the opposite party. The
Will recorded that ... death, my said Executor will obtain Probate of
my Last WILL and after my death, my said Executor will obtain
Probate of my Last WILL
registration of the Will. It is
submitted that the scribe of the Will had never come and deposed. The
executor, in fact, had clearly stated ... capacity
to execute the Will of this nature. The said will cannot be the product of his
free Will and volition. The earlier proceeding
Executors of the Will and Testament about the Will and handed over
the identical Duplicate counterpart of the Will and Testament along
with the original ... fellow Executors and
Trustees.
10. In the succeeding years, three of the Executors and Trustees
appointed under the Will and Testament dated 30.10.1985 passed
away
Sant Agarwal and failing him Sri Mahabir
Prasad Agarwal as executor of the Will. The testator, at the time of death, left
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behind ... drafted the Will. Fourthly, the signatures of the testator on the Will was
obtained by practising fraud upon him by the present Executor
connected with the endowment created through the will by the executor,
who is the original owner of the property. The existence of the will ... will dated
16.11.1971. Pertinently, the portion of the will reads as under:-
"The aforesaid T.S.Rangachariar shall be the
executor, and after
WILL. So, under such
circumstances, when deceased has appointed
executors under the WILL, question of issuing letter
of administration to the plaintiffs or granting decree ... when there is no executor;
(c) "executor" means a person to whom the
execution of the last Will of a deceased
person
power of attorney holder of the landowner. Being Executors of Will, the erstwhile complainants No. 1 & 2 are claiming themselves as consumers. The Will ... that the executors cannot file the complaint case since the executors are not the consumers. The executors can file the complaint case since have
necessary ingredients of Section
276 of the Act. The alleged executor named in the Will
Mrs. Bhagwati Mishra has not come forward to file ... that time. The petitioner is not appointed as an executor in the
will by the testator. Therefore, no probate can be granted
