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
will of Govind in the year 1934. Probate of this will was ultimately granted in the year 1937. Joshi, the proving executor, in the course ... executors Trimbak was the preferential executor if he may be so styled, and he continued to act as the executor and managed the estate
Court of equity will examine into it, will ascertain the value that was paid by the trustee and will throw upon the trustee the onus ... testator would, upon his death, have accrued to the surviving executor or executors, which is consistent with the rule which prevails in England, Flanders
where the purchaser knows that the executor is abusing his position; and if an executor, being merely executor, mortgages for his own private debt, such ... collusion with the executor. The main object is that the executors should not be hampered in their administration. It will be indeed difficult for them
will, the authority of late Baijnath Sarda to will away the properties mentioned therein, and the appointment of Kanhialal as the executor under the said ... executor under the will, the court will not come to his aid till he does not produce the probate of the will. That being
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
absolute vesting of the
property in the executor. The executor is bound by the contents of the will.
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::: Uploaded ... said Will. He submits that in the said Will it was clearly stated that the
said deceased in his previous Will had bequeathed his house
Will for production of the original Will. Similarly, she has also issued a letter dated 22.09.2010 to the named executors to produce the Will. Similarly ... Will and the Advocate who drafted the Will also failed to produce the original Will. Therefore, now one of the beneficiary in the Will filed
Hindu Wills Act does not apply to the will and consequently Section 187 of the Succession Act which enacts that no right as executor ... will, when granted, establishes the will from the death of the testator and renders valid all intermediate acts of the executor as such
this permissible under the Will? The Will expressly provides the minimum of two to perform the acts as executors and trustees. The only exception ... jointly with a minimum of two and this provision in the Will will not be operative till the administration is completed, and the estate
