RAMASWAMY IYAH Vs. KUPPUSAWMI IYAH

JUDGEMENT

(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.