(This Probate Civil Petition is filed under Section 301 and 302 of the Indian Succession Act, 1925, praying to order that the respondent be removed from the office of the Executrix and a substitute be appointed to succeed the Executrix as Executor or Administrator to take charge of, manage and administer the properties of the deceased in accordance with her intentions governed also by the appropriate provisions of law including giving such imperative directions as to the manner of sale of the property and distribution of the residuary Estate with all the precaution to be observed in the protective interests of the residuary legatees.)

Probate Civil Petition No.4/1989 is filed in the matter of the last will and testament of Mrs.Hildred Joyce Faithful, by the second executrix named under her will dated 17.11.1987 for grant of probate. Mrs. Faithful is said to have died on 31.10.1988. The petition was admitted on 10.3.1989 and a citation was taken in the English Daily “Deccan Herald”, Bangalore, on 31.3.1989. None had come forward to oppose the grant of probate. Accordingly, by an order dated 16.6.1989, this court had granted probate as prayed for.

In July 1990, one Rev.Ben