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Judgment
Shephard, J.—I do not think that the language used in this will is such that Krisan Doss can be said to be constructively appointed executor.
My attention was called to the decision In the goods of Badhika Mohan Sett 7 B.L.R., 563 in which the words of the will being somewhat similar
the opinion was expressed that probate might be granted to the applicant as executor according to the tenor of the will. The case there mentioned
does not bear out the proposition for which it is cited. In that case there was a direction that the person named should collect the testator's estate
and pay all just debts, in other words, that he should discharge the function of executor. That therefore is a totally different case from the present.
On the other hand, when the testator left all his property and effects to his wife without giving any further directions, the Court held In the goods of
Thomas Henry Oliphant (1 Sw. & Tr., 525) in accordance with the practice, which had actually prevailed, that the wife was entitled to administer
with the will annexed and not to probate.