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Judgment
5 paragraphs · 84 words
1.
We concur with the learned Chief Justice in his construction of Section 96 of the Indian Succession Act. Section 128 implies that the executor
survives the testator. It, therefore, cannot apply to a case where the executor predeceases the testator. That section, therefore, does not affect the
case contemplated by Section 96. This latter section can only apply to a case where the legatee predeceases the testator, whether he has been
named an executor or not.
2.
We dismiss the appeal with costs.