- (1.)In this petition proposed to be fifed, the prayer is for grant of probate in respect of the Will of one Eunice Anntee Johnson. The application is by a single person, Mr. Tadimatla Subbarao, one of the partners of the firm of Solicitors and Advocates by name King and Partridge. The terms of appointment in the Will are, "I appoint the person who shall be the partners of the firm of M/s. King and Partridge, Solicitors, Madras, Bangalore and Ootacamand at the time of my death (hereinafter called 'my Trustees') to be the executors and trustees of this my Will". On scrutinising the papers, the Registrar of this Court raised an objection or suggestion whether it was not necessary for all the persons answering the description contained in the above appointment to make a joint prayer for grant of probate in favour of all of them. The learned counsel for the petitioner, however, has sought to answer the same by relying on the provisions of Section 224 of the Indian Succession Act.
(2.)So far as the facts are concerned, it is not disputed that at the time relevant for the appointment mentioned above, there were ten persons functioning as partners of the firm of King and Partridge namely, (1) C. Doreswamy, (2) D. K. Basu, (3) B. P. Ray, (4) P. Sengupta, (5) J. L. Armstrong, (6) P. K. Roy Chowdhury, (7) T. Subba Rao (Petitioner), (8) M. Uttama Reddy (9) S. C. Ghosh and (10) E. R. C. Davidar.
(3.)Now Section 224 of the Succession Act reads "when several executors are appointed, probate may be granted to them all simultaneously or at different times." By itself it does not, in my opinion, support the contention. It provides, but does not dispense with the grant of probate in respect of or in favour of any one or more of the executors when there are several executors. The language itself makes it clear that the grant of probate is to be made in favour of all the executors; what the section intends is to provide for contingencies, where it may not be possible for all the executors to make an application simultaneously, by vesting a discretion in the court, to be exercised in accordance with or in the light of the relevant circumstances, to make grants at different times in favour of one or more of the several executors, the ultimate idea being that at some point of time there should be a grant in favour of all the executors.
;