Will was probated. Between 20th August, 1991 and 15th June,
1998 the executors of the said Will from time to time registered deeds of
release ... discharge of the executors, the suit against
the Maharaja would stand abated by operation of law unless steps are
taken to substitute the said legal
Succession Act to remove an executor. The Court found that if the character
of the Executor has ceased and he merely becomes a trustee ... amendment of a prayer by the substituted applicant in a probate
case. The substituted applicant was not an executor and was not entitled to
probate
proceeding, his widow sought to be substituted as being his heiress, but Harington, J., held that the executor's right ... application was made by the heirs of the executor to be substituted in his place. The case thus came directly within the mischief of Section
specific question as to whether
the executor and the legatee under the Will can claim substitution as a legal
representative of the deceased plaintiff ... 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
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 ... petitioner that
since none of the executors had come forward to
act as executors and in view of the erstwhile
advocate filing a petition
decree as prayed for although the original plaintiff
stood substituted by the executors named in his Will.
On behalf of the defendants it was contended ... Jagannath Pramanick and Maheswar Pramanick as his
executors. Jagannath Pramanick died and he was also
substituted by his heirs and legal representatives. The estate
executor under the will. It is true that where an
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executor dies, his heirs cannot be substituted because the
executor possessed personal right ... case back to the trial court. We permit
the appellants to be substituted in the proceedings and also
permit them to amend the petition
executor under the will. It is true that where an
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executor dies, his heirs cannot be substituted because the
executor possessed personal right ... case back to the trial court. We permit
the appellants to be substituted in the proceedings and also
permit them to amend the petition
executor under the will. It is true that where an
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executor dies, his heirs cannot be substituted because the
executor possessed personal right ... case back to the trial court. We permit
the appellants to be substituted in the proceedings and also
permit them to amend the petition
clear that if „A‟ is an executor of B‟s Will by express
appointment and „C‟ an executor of it by implication then in such ... then on the death of the
original executor though he has proved the will, the executor so
substituted may be admitted to the office
