JUDGMENT-This is an application by affidavit for an order that the name of the applicant be substituted as executor in place and stead of Manekji Manchersha Javeri, deceased, and that the necessary amendments be allowed to De made in the petition for Probate filed by the said Manekji Manchersha. Javeri in respect of the estate of his brother Bomanji Manchersha Javeri. Bomanji died on June 27, 1967, leaving a Will dated February 16, 1958. In Clause I of the Will it was stated that the testator Bomanji owned certain movable and immovable properties jointly with his brother and sisters as co-tenants. Clause 2 of his Will which is material for the purpose of the present order is in the following terms:

"Clause 2. AFTER payment of all necessary expenses I GIVE AND BEQUEATH all the rest and residue of my property whatsoever and wheresoever and to which I am or may become entitled to absolutely to the same surviving co-tenants referred to above, and in case there is no such surviving co-tenant then to Phiroze (Tingchu) Bomanji Javeri AND I APPOINT the surviving Co-tenants, Executors of this my Will and if there are no such surviving Co-tenants then I APPOINT Phiroze (Tingehu) Bomanji Jave

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