“James Millar one of the executors having predeceased the testator, Robert Fairweather Alexander the surviving Trustee and executor under the Will assumed the office of the executor and appointed Mrs Euphemila Margaret Millar and David Smith to act along with him as the Trustees and Executors of the will and codicils of the testator in exercise of the powers conferred on him by the said documents by executing a deed dated 16.7.1970 at Kirriemuir, Scotland. Thereafter the will and the two codicils were duly proved along with the document of 16.7.1970 by which Mrs Millar and Smith were appointed as Co-trustees and Co-executors before the Commissariat of Edinburgh, Scotland and the confirmation (probate) of the will and the codicils was granted on October 2, 1970. The certified extract of the confirmation and the certified copies of the will and the codicils and the deed appointing co-trustees and Co-executors are produced before this Court. Pursuant to the said grant, an Inventory of the Heritable Estate of the value of Pounds 83,3797/- in England and Scotland which belonged to the testator was filed before the Commissariat of Edinburgh which committed the same to the possession of the Trustees and the Executors by the certificate dated 6.10.1970, issued by the Depute Commisary Clerk. The certified extract of the aforesaid Inventory is also produced before the Court. Because the Trustees and Executors who were all residents of Scotland did not find it convenient to go to India for the purpose of obtaining the necessary letters of administration and to administer the properties of the testator which were in India, they appoint Sri T Subba Rao, the petitioner herein, and Sri M K Vishwanath, an
