Alfred Henry Lionel Leach, C.J.

1. This appeal is concerned with the interpretation of Order 45, Rule 1, Clause (d) of the Rules of the Original Side of this Court. Order 45, states when an originating summons may issue. Clause (d) of Rule 1 provides for the issue of an originating summons to compel executors, administrators or trustees to pay into Court moneys in their hands. The appellants say that before an order can be passed under this clause it must be admitted by the defendant that he has money actually in his hands. The respondents say that this interpretation is too narrow and the Court can on the issue of an originating summons investigate accounts of an executor, administrator or trustee and order him to pay into Court what is found to be due by him.

2. The relevant facts of this case are these. On the 7th December, 1926 one Chellammal died leaving a will dated the 19th August, 1926. She appointed three executors, two of whom are the present appellants. On the 4th May, 1927, the executors applied to this Court for probate of the will and probate was granted. The will directed that a sum of Rs. 6,000 should be paid to Balammal, a grand-daughter of the testatrix, for