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Judgment
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.
The appeal is dismissed with costs.