Will the expression
"my Executors/Trustees" (Whenever the
context permits shall mean and include
the Executors/Executrix and Trustee or
Trustees of this ... unable to act
as executor for whatever reason, the
respondents are substituted as executors
under the Will.
37. The aforesaid recitals in the Will
probate by a sole executor, the executor died and his widow as legal representative applied that her name may be substituted for the deceased executor ... probate by a sole executor, the executor died and his widow as legal representative applied that her name may be substituted for his and that
death, the
Executor of his will can get substituted, but the Executor must get probate
before final disposal of the suit. The said order ... does not come in the way of an executor or
legatee being so substituted in place of the deceased plaintiff, even
though at the stage
received by another person, equally liable to assessment. The substitution of the assessee for the executors was valid, because he was a successor in office ... appointment as receiver Asit could not be substituted in place of the executors in the pending assessment proceedings and the proceedings could not be continued
other hand
the application is for removal of the Executors and their
substitution by a Court-appointed Officer, then two additional
problems arise. First, obviously ... seek the removal of an
executor, who holds office because of the Will, and his substitution
(whatever the wording) of anyone else who would then
they want to
renounce their executorship, no steps are taken by the executors. It is
submitted that no prejudice would be caused to the caveator ... 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
substituted plaintiff as to Nagendra Nath Palit,
| executor and trustee under Will (substituted plaintiff the
| of Kumar Girindra Narayan, (dead.) solo surviving executor and
| trustee ... died, and on 3rd July 1923 an order was made substituting his two executors as plaintiffs in his stead. On the 7th March
Udayan Chinubhai And Ors. vs Commissioner Of Income-Tax And Anr. on 27 April, 1976
will appointing one of this son
as an executor but the said executor was substituted in his personal
capacity as one of the legal heir
executor. The
petition may be instituted by a beneficiary under the Will, either in
absence of any executor or on the refusal of the executor ... that where an executor dies though his heirs cannot be
substituted because the executor possessed personal right but this is
not applicable where the heirs
