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Era Dodda Basappa Vs. Rama Reddi - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1916Mad1054(2); 29Ind.Cas.505
AppellantEra Dodda Basappa
RespondentRama Reddi
Cases ReferredSee Kumban v. Moorthi
Excerpt:
probate and letters of administration act (v of 1881), section 92 - provision in will that majority of executors should act--contract by some executors, whether binds estate. - 1. we do not think that under the will which required everything to be done in accordance with the opinion of the majority of the executors, three executors could bind the estate by a contract entered into by them without reference to the others. this is the rule where a majority of trustees have power to act. see kumban v. moorthi 7 ind. cas. 422 : 20 m.l.j. 951 : (1910) m.w.n. 359 : 8 m.l.t. 208 : 34 m.p 406, and we see no reason why the same principle should not apply to a majority of executors authorised to act under a will. we do not think section 92 of the probate and administration act has any application as it is overridden by the express provisions of the will to which it is made subject.2. the appeal is dismissed with costs.
Judgment:

1. We do not think that under the Will which required everything to be done in accordance with the opinion of the majority of the executors, three executors could bind the estate by a contract entered into by them without reference to the others. This is the rule where a majority of trustees have power to act. See Kumban v. Moorthi 7 Ind. Cas. 422 : 20 M.L.J. 951 : (1910) M.W.N. 359 : 8 M.L.T. 208 : 34 M.P 406, and we see no reason why the same principle should not apply to a majority of executors authorised to act under a Will. We do not think Section 92 of the Probate and Administration Act has any application as it is overridden by the express provisions of the Will to which it is made subject.

2. The appeal is dismissed with costs.


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