Lawgist222Probate only to appointed executor
(1) Probate shall be granted only to an executor appointed by the will.
(2) The appointment may be expressed or by necessary implication.
Illustrations
(i) A wills that C be his executor if B will not. B is appointed executor by implication.
(ii) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law C, and adds "but should the within-named C be not living I do constitute and appoint B my whole and sole executrix". C is appointed executrix by implication.
(iii) A appoints several persons executors of his will and codicils and his nephew residuary legatee, and in another codicil are these words,-- "I appoint my nephew my residuary legatee to discharge all lawful demands against my will and codicils signed of different dates". The nephew is appointed an executor by implication.
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- 218 To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person
- 219 Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person
- 220 Effect of letters of administration
- 221 Acts not validated by administration
- 222 Probate only to appointed executor
- 223 Persons to whom probate cannot be granted
- 224 Grant of probate to several executors simultaneously or at different times
- 225 Separate probate of codicil discovered after grant of probate
- 226 Accrual of representation to surviving executor
- 227 Effect of probate
- 228 Administration, with copy annexed, of authenticated copy of will proved abroad
- 229 Grant of administration where executor has not renounced
- 230 Form and effect of renunciation of executorship
- 231 Procedure where executor renounces or fails to accept within time limited
- 232 Grant of administration to universal or residuary legatees
- 233 Right to administration of representative of deceased residuary legatee
- 234 Grant of administration where no executor, nor residuary legatee nor representative of such legatee
- 235 Citation before grant of administration to legatee other than universal or residuary
- 236 To whom administration may not be granted
- 236A Laying of rules before State Legislature
