executors named in the will
and can survive until the executors survive. If the sole executor dies or upon
the death of all the executors ... Chandka 19 A-1009-10-JUDGMENT
of the executor the heirs of the executor cannot be substituted in his place.
However, this would not debar
executor in a suit instituted by such executor. But Section 213 of the Indian Succession Act does not debar the executor to be substituted ... executors for establishing their right as executors to the estate of the deceased testator, the decree passed in favour of such executors since substituted
Maity died leaving a will of which he had appointed an executor. That executor applied for probate of the will. The widow of the testator ... substitution. The case before Mr. Justice Greaves was not a case where any substitution was asked for in the place of an executor appointed under
that case, the decision of the court below refusing to substitute the executor in place of the testator, the original plaintiff, who had died during ... this case on the ground that it related to the substitution of an executor, but that is a distinction without a difference, because Section
affidavit for an order that the name of the applicant be substituted as executor in place and stead of Manekji Munchersha Javeri, deceased, and that ... proving Executor pending the grant of probate, another person who is named in the Will as Executor applies that his name be substituted
absolute estate and there was no alternative or
substitutional bequest to her heirs, executors and
administrators as independent objects of the testator's
bounty ... person answering the
description of her heirs, executors and administrators and
therefore the substitutional gift cannot take effect. This
argument is unanswerable
executors, Jitendra Mohan Bose and the Ghoshes applied for probate and the other executor, Ananga, was at first opposing the grant. The said four executors ... granted to Kumudini's will and after that event to substitute the executor or executors who obtained probate, or if that was not feasible
certain stipulations regarding substitution of executor in case the named executor dies or becomes unable to act as an executor in smaller fonts as compared ... other hand it is confined only to appointing a substitute executor in case the original executor becomes disabled to function as such.
11. Another aspect
held that where an executor dies,
his heirs cannot be substituted because the executor possessed personal
rights, but this is not applicable where the heirs ... legatee and not an executor under the will.
It is true that where an executor dies, his heirs cannot be
substituted because the executor possessed
death of the sole executor or as the case may be of the last surviving executor, the heirs of the executor are not entitled ... personal to the executor appointed under the will. Upon the death of the executor the heirs of the executor cannot be substituted in his place
