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
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
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
clearly
stipulated an arrangement, which would include the parties, executors,
administrators, substitutes, successors and permitted assigns.
7] Relying upon the distinct clauses ... clarified that the
arrangement between the parties would extend to their executors,
administrators, substitutes, successors and permitted assigns. A
specific clause in respect of assignment
Arvind Karwat
Respondent no. 2 is liable to be removed and substituted as Executor under
Section 301 of the Indian Succession ... prayer seeking removal of Respondent no. 2 as Executor and
his substitution by an Administrator pendente lite is rejected.
Consequently, the appointment
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
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
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
Succession Act ) for removal of Respondent No. 1 as
an executor of the last will and testament of one Dr. Narayan
Ganesh Dastane ... estate of the deceased to enable the
person who was substituted as executor/administrator to
properly administer the estate of the deceased. She then
submitted
