executor of the Will; rather he was appointed as the sole/Universal legatee
under the Will. However, on a combined reading of Sections ... letters of administration with the
will annexed, in favour of the Universal legatee or a residuary legatee, if
they are able to prove the will
administration was to be preferred to creditors or legatees other than universal legatees or friends of the deceased. On consideration, however, I have come ... have a right in preference to creditors or legatees other than universal legatees or friends of the deceased in any Court other than a High
died before the testator or before proving the will, an universal or residuary legatee may be admitted to prove the will, and letters of administration ... provisions in Section 232 as enabling only a residuary or an universal legatee to prove the Will and claim letters of administration. Section 234 specifically
letters of administration is either a residuary legatee or a universal legatee it is not open to the Court to decide as to whether such ... entitled to letters of administration being the residuary legatee or universal legatee. The next question is the question of the construction of the will
deceased person. It cannot be seriously contended that a universal legatee to whom the whole assets of the deceased party have been bequeathed does ... properly represented. That case did not consider the question whether a universal legatee on whom the whole estate had devolved by reason of the will
left by one of the judgment-debtors his daughter was
the universal legatee and his son-in-law was the sole
executor. When the decree ... judgment-debtors, died leaving a Will in
which the universal legatee was his daughter Smt. Kapurbai
and the sole executor appointed therein was Motilal
Jhunjhunwalla
case law can be summarised as follows:
. Section 7 : Where a universal legatee under as will has taken no steps to take out Letters ... Letters of Administration in preference to creditors or legatees other than universal legatees or friends of the deceased in any Court other than a High
Kannu Achi executed a testament deed constituting the
plaintiff as her universal legatee and bequeathed substantial portion of her
properties to the plaintiff. According ... favour of her
daughters and the plaintiff was made the universal legatee under the will. In
the said deed Raja Kannu Achi has stated that
which deals with grant of administration of universal or
residuary legatees reads as follows:
"232. Grant of administration of universal or residuary
legatees. −When ... including an universal legatee or residuary legatee are
entitled only for grant of Letters of Administration with
Will annexed. A universal legatee
Plaintiff proves that as the proving sole executor of, and the
universal legatee under the last Will and Testament of late Banoo Nariman
Shroff ... Plaintiff proves that as the proving sole executor of, and the
universal legatee under the last Will and Testament of late Banoo Nariman Shroff
