IN RE: LAURENCE CLAUDE LEVACK Vs. STATE

JUDGEMENT

(1.) ONE Lina Dalrimple Hay, a British National, died in England on 30 -12 -1950. She left behind her her last Will and Testament dated 24 -6 -1944. In and by the said Will the testatrix appointed her two nieces, Miss E. J. E. Butcher and Miss B. Butcher, both residents of London, to be the executrices thereof. Probate of the said Will was duly obtained by the said executrices from the Probate Division of the High Court of Justice in England on 3 -5 -1951. On 23 -8 -1952 the said two executrices appointed Lloyds Bank Ltd., Calcutta, as their attorneys for them, on their behalf and in their names to apply for and obtain from the High Court of Judicature, Madras, or from any other competent Court in India Letters of Administration with a copy of the said Will annexed of the estate of the deceased and effects in India. By a power of substitution, dated 17 -12 -1952 the said Lloyds Bank Ltd., Calcutta appointed Laurence Claude Levack (the petitioner herein), an Officer of the said Bank, Madras Branch, to be the duly constituted attorney of the said two executries to apply for and obtain from this court letters of administration with a copy of the will.

(2.) SECTION 241 of the Act runs thus:

(3.) IT is in this connection that Section 228 becomes important. It runs thus: