LAWS(DLH)-2018-10-329

MARK DOUGLAS HOLFORD Vs. STATE

Decided On October 01, 2018
Mark Douglas Holford Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This petition is filed under section 228 read with section 276 of the Indian Succession Act, 1925 for grant of Letters of Administration in respect of the Will dated 20.11.1992 of Late Ms.Maria Geeta Lisa Therese Anastasia Luzia Alvares Meneses.

(2.) It is pleaded that the testator has died on 06.02016. A copy of the death certificate has been filed along with the present petition. He also states that her last Will and Testament dated 20.11.1992 has been proved and registered in the High Court of Justice, Family Division, Leeds District Probate Registry on 15.06.2016. It is stated that the testator was the resident of 503, Howard House, Dolphin Square, London, SWIV 3PG, England, U.K. and prior to her demise, she had duly executed her last Will and Testament dated 20.11.199 The petitioner herein Mr.Mark Douglas Holford and Mr.Grahame Francis Eales, Solicitor were appointed as the Executors and Trustees of the said Will. It is stated that as per the said Will, in view of the death of the mother of the testator, the trustee would sell her properties and the proceeds from the sale of her properties, after deduction of her debts, funeral and testamentary expenses would go for charitable purposes of the Maria Nisha Jeanne Alvares Meneses Scholarship at St.Mary's Convent, Cambridge. The said Will further provides that in the event no disposition of estate is possible to Maria Nisha Jeanne Alvares Meneses Scholarship at St. Mary's Convent, Cambridge, then her Trustees shall apply the same for charitable purposes of the Models for Rural Development, c/o Jean Gimpel r/o Flat 5,11 Chelsea Embankment London SW3 4 LE.

(3.) Mr.Grahame Francis Eales one of the Trustees and executor of the Will passed away on 04.05.2004. Hence, the petitioner herein Mr.Mark Douglas Holford is the sole executor and Trustee of the said Will.