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
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
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
better or worse position than executors and
administrators and what applies to executors and
administrators will apply to other legal representatives
also ... therefore, entitled to be
substituted in place of the deceased respondent-plaintiff.
Section 306 further speaks only of executors and
administrators but on principle
father. Even if her
husband who was the sole executor of the will was not
substituted, execution was not defective. [160B]
The Andhra Bank ... estate of Sewbux
Saraogi. Even in absence of the substitution of Motilal
Jhunjhunwalla, the sole executor of the will, the execution
was not defective. Reference
enrichment of estate of Dr. Lall LRs, and hence
cannot be substituted. Therefore, in absence of decree, recording
7
finding of personal injury ... opposite party rendered service in
person, his/her legal heirs cannot be substituted for any negligent
act of individual Doctor. To buttress the submissions, reliance
that case wanted to be
substituted as plaintiff in the civil suit in
7
the capacity of executor and legatee of the
will
executors of the will. One of the terms of the will
was "that on the death of me, executant the aforesaid
executors should perform ... executor on the part of S. The two lower Courts held that
the intention to act as an executor was apparent from the
facts while
matter of course upon an executor or heir. Even under the
civil law an express provision is required for substitution
of another person ... reference to a principle. There is admittedly no express
provision permitting the substitution of the legal
representatives of a deceased appellant in a criminal appeal
fulfil, he owns, exercise and fulfils in the persons of a
living substitute. To this extent, and in this fiction, it
may be said that ... person who overseas the legal affairs of
another. Examples include the executors or administrator of
an estate and a court appointed guardian of a minor
