ORDER :- It appears that on 4th March 1956 one George Pelham White executed a will whereunder he appointed James Noel Anthony Hobbs, Captain, J. A. A. Breithaupt and Lionel Aldred as his executors. Paragraph 1 of the document contains this restrictive provision :

"all trusts and powers hereinafter reposed in my executors shall be exercised by them jointly or may be exercised by the survivors or survivor of them..... On no account should the number of trustees acting at any time exceed three and the trustees shall act jointly."

This is a petition for probate which has been taken out by James Noel Anthony Hobbs and Captain, J. A. A. Breithaupt. The office enquired how since the will requires all the three executors to act jointly a petition by two of them alone would lie. The petition was represented with the endorsement,

"though in the will it is stated that all trusts and powers should be exercised by the executors jointly S. 224 provides that where several executors are appointed probate may be granted to them all simultaneously or at different times. In this case the other executor Mr. Lionel Aldred is now in England on home leave and therefore the petitioners have applied