powers of a Court to remove an
execution. That Section reads thus:
"301. Removal of executor or administrator and
provision for successor.-- The High ... succession' by the next named executor. But where the sole
executor (or all executors) are removed, then the appointment would
have
application alleging misconduct of an Executor, the Court cannot shut eyes to conduct
of Executor and allow an executor to continue, irrespective of his working ... then the power of removal must be exercised.
16. There is no dispute that the power to remove the Executor and to appoint a
successor
held that since the executor had ceased to be executor and had become mere trustee, therefore, the suit for removal of the trustee was maintainable ... Parkash Aggarwal, is also removed from the office of trustee of CC Trust.
Removal of the Executor was only one part of the proceedings, under
removal of any private
executor or administrator. The executor so named in the Will,
therefore, should be removed only when proper case in that behalf ... evidence to have
the executor removed from his/her role.
37. Therefore, courts will not readily remove an executor
appointed in probate proceedings unless gross
attorney of absent executor.-When any executor is
absent from the State in which application is
made, and there is no executor within the State ... executor appointed under Section 241 of the IS Act,
though an executor appointed under Section 241 of the
IS Act may also be removed
application alleging misconduct of an Executor, the
Court cannot shut eyes to conduct of Executor and
allow an executor to continue, irrespective of his
working ... executor and the trustee. Continuance of
substituted trustees is inter-connected to finding of
conduct of executor and chief trustee. The removal
of Executor
person cannot
simultaneously challenge the Will and also seek removal of
the executor appointed under it. The two reliefs cannot co-
exists. The second assumes ... shown, RJ 7222 OF
2015.odt the Court will not readily remove an executor who
has been appointed in the probate. It was held that
actions
of the Executor and Trustees would prevent the estate from being
properly executed, the Executors and Trustees can be removed.
36. The following observations ... removal of any private
executor or administrator. The executor so named in the Will,
therefore, should be removed only when proper case in that behalf
provisions of Section 301, which read thus:-
"301. Removal of executor or administrator and
provision for successor.- The High Court may, on
application made ... deal with the matter. My conclusion is that the
power to remove an executor and to provide for a
successor to his office
provisions of Section 301, which read thus:-
"301. Removal of executor or administrator and
provision for successor.- The High Court may, on
application made ... deal with the matter. My conclusion is that the
power to remove an executor and to provide for a
successor to his office
