expressed his 'no-objection' in
case a substitute executor is appointed.
4. That even otherwise, by virtue of Section B of
Chapter ... before this Hon'ble Court is to appoint a
suitable substitute executor.
6. That the Applicant seeks the liberty to suggest the
following names
executor, in the capacity of an
executor, has no personal interest in the
estate of the deceased. ... The object of the
executor in these proceedings ... petition for being substituted in his place as
appellants. The substitution was allowed, having regard to the
distinction between an executor who merely executes
Will wherein Sri Shyamal Samadder,
the applicant for substitution who is the sole-executor and beneficiary. The application
has been affirmed by Sri Shyamal Samadder ... that the opposite party cannot make any objection
against the substitution by the executor. Therefore, the application for substitution is
allowed. If the opposite party
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
could
have been granted a letter of probate since there was no executor
to the will. However, petitioner is admittedly a legatee and at
best ... 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
ofce has communicated
to me that as the son of the Executor is
substituted as Petitioner, instead of Probate
Petition, it will be Petition ... deceased had appointed Executor, who has
died. The said Executor's son (Applicant
herein) is the Executor appointed by the
Executor in his Will
ofce has communicated
to me that as the son of the Executor is
substituted as Petitioner, instead of Probate
Petition, it will be Petition ... deceased had appointed Executor, who has
died. The said Executor's son (Applicant
herein) is the Executor appointed by the
Executor in his Will
line of paragraph (4), the
names of the executors are substituted by the following names :-
(1) Charita Hemmady, (2) Mr.Jagannath Babu, (3)
Ms.Padma
either an executor or a
legatee under a Will is in issue, such right can be
established only where probate (where an executor ... 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
different
proposition to say that even pending the probate
Petition, the executor should be removed. This
would result in the probate Petition being effectively
decapitated ... 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
