Selection of Leading Cases for the use of B.L. Students - Law of Real Property (Supplementary Cases)

The appeal was resisted solely upon the legal ground that the appellants are estopped by the probate or by the proceedings which led to the issue of the probate from denying the validity of the cofirmation which the will purports to contain of the transactions between Peara Saheb and the testatrix during her lifetime and particularly of the release alleged to have been executed by her. [...] It was argued for the appellants that assuming the issues raised in the probate proceedings to have been precisely what the High Court in the present case understood them to have been the issues in the present ease were not the same because in the present case in order to validate the confirmation by the will of the release and other transactions it was necessary to show not only that the t [...] Thus 'the executor when he has realized the estate is a bare trustee for the heirs as to two-thirds and an active trustee as to one-third for the puposes of the will ; and of these trusts one is created by the Act and the probate irrespective of the will the other by the will established by the probate. [...] On the 20th February 1894 the widow of the testator and one of his grandsons who are the second and third defendants respectively in this suit applied to the probate Court for removal of the executor on the ground of his misconduct and for revocation of the probate issued to him. [...] The sanction of Court under Section 90 of the Probate and Administration Act implies a sanction by the Court of all the essential elements of the mortgage transaction and from the point of view of the burden imposed on the estate the provision for raiment of interest may be even more effective than the principal amount of the lc an acquired to be raised.