Which of the following acts may one of several executors, who has proved the will, do alone when the…
Illustrations (i) and (v) to section 311 say that one executor has power to release a debt and "to endorse a promissory note payable to the deceased". Item (iii) is…
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Which of the following acts may one of several executors, who has proved the will, do alone when the will gives no contrary direction, according to the illustrations to section 311 of the Indian Succession Act, 1925?
(i) Endorse a promissory note payable to the deceased
(ii) Release a debt due to the deceased
(iii) Act alone where the will says two executors shall be a quorum
Answer and explanation
Correct answer A
Illustrations (i) and (v) to section 311 say that one executor has power to release a debt and "to endorse a promissory note payable to the deceased". Item (iii) is different: under Illustration (vi), where the will directs that two shall be a quorum, "no act can be done by a single executor". The power of one to act for all exists only in the absence of a contrary direction in the will.