that in case of
death of an executor, representation would survive to the
surviving executor or executors, as the case may be. At the
same ... executors so
named in the Will, and can survive till the executors survive.
Moment the sole executor dies or all the executors die, the
question
legatees/beneficiaries after the
death or incapability of the Executor. On account of the substitution of the
legal heirs, technical amendments/ modifications are sought ... true when an Executor
dies, his heirs cannot be substituted because the executor possessed a
personal right, 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
arrangement includes, unless excluded by
context, that party's executors, administrators, substitutes,
successors and permitted assignees and in case of a
Successor Event
appointing the executor therein. Initially the application was taken out to
substitute the executor in her place. It was pointed out that it would ... Bench succinctly highlighted the importance of substituting
the heirs and the legatees under the Will along with the executor for the
simple reason that
throughout the State of Maharashtra. The
Petitioner is also seeking substitution of the executor with the
Petitioner in Testamentary Petition ... Maharashtra.
(ii) The Petitioner is permitted to be substituted in place of the
executor in the Testamentary Petition No.813 of 2010, which has
been
These two applications are by one of the surviving co-
executors for substituting his name in place and stead of
respondent No.1/executrix
only where probate (where an executor has been appointed
under the Will), or letters of administration (where no executor is appointed under a
Will), have ... 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
this only means that the executor, the person
nominated in the Will to the position of executorship, is
substituted by someone else who will then ... executor who
has been appointed in the probate. It was held that there
must be clear evidence that the executor's continuance qua
executor
court and continue to prick its conscience.
Even if the executor is not expected to prove the Will with mathematical
accuracy but all reasonable doubts ... testator according to the executor approached him almost
5 and 6 years back for filing the substitution application on this behalf.
Ramendra could not recollect
