Indian Succession Act,1925

Act No : 39

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Section : Probate only to appointed executor.

222. Probate only to appointed executor.-(1) Probate shall begranted 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 appointedexecutor 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 thewithin-named C be not living I do constitute and appoint B my wholeand sole executrix". C is appointed executrix by implication. (iii) A appoints several persons executors of his will andcodicils and his nephew residuary legatee, and in another codicil arethese words,--"I appoint my nephew my residuary legatee to dischargeall lawful demands against my will and codicils signed of differentdates". The nephew is appointed an executor by implication.

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