time of execution of will, it cannot be expected that he will take
steps to prove the will of the testator. Thus, in such circumstance ... have knowledge about
the Will and the Will was not in his custody. From the plain reading of the will
and from the evidence adduced
executor's accepting his office, the property vests on him and the executor
derives his title from the will and becomes the representative ... executors by virtue of the Will and not by
virtue of the probate. Will gives property to the executor; the grant of probate is only
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
ground that the will is a forgery, his intermediate acts will not be
validated and he will be liable at law for all that ... respondent No. 5. It will not do so until her objection to the probate of
the will succeeds. Until the will is proved
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
subscribed to the terms of
the Will.
The propounder of the Will has not only to prove the Will in accordance
with Section ... handmade Will or draft will. He was not present when the Will
was scribed. He also could not say who had typed the Will.
Sisir
acts of the executor as such. Under
section 222 a probate can be granted only to an
executor appointed by the Will. When probate ... order impleading the executors with a view to
ascertain whether any of those executors who
would act as executor or would renounce the
executorship
distribution of assets by the executor (acting as
executor) in favour of the legatees in terms of the Will without a
probate being granted first ... Section 211, the bar on
the executor acting as an „executor‟ does not denude the executor of
his power, acting as the „legal representative
distribution of assets by the executor (acting as
executor) in favour of the legatees in terms of the Will without a
probate being granted first ... Section 211, the bar on
the executor acting as an „executor‟ does not denude the executor of
his power, acting as the „legal representative
execution, attestation of
the Will of the testator, if established to be the last Will, unless the named
executor is found to be incompetent ... executor, the
probate Court will assume renunciation of the executorship and will refuse to
grant probate to such an executor. In the case before
