RK Nathan JC:

Facts

The plaintiffs in this action are the absolute beneficiaries of the estate of the late Ong Soon Hoe @ Patrick Ong (the deceased). They are the only two daughters of the deceased and are of full age. The deceased died on 21 September 1994, leaving a will dated 6 March 1989 and naming the defendant as the sole executor and trustee of his will. A provision was made that in the event the defendant predeceased the deceased, then one Tan Sri Datuk Augustin Ong Soon Hock (Tan Sri) was named as the alternate executor/ trustee. Pursuant to the will the deceased bequeathed all his assets, both moveable and immoveable, to the plaintiffs. The defendant was appointed executor and trustee on 17 August 1996 by the Shah Alam High Court on 17 August 1997.

The Application

This is the plaintiffs' application against the defendant (encl. 1) to have the defendant removed and/or substituted as the executor/trustee of the deceased's estate for the defendant's lack of diligence and/or act of wilful default while acting in his capacity as the executor/trustee of the estate of the deceased.

Plaintiffs' Case

It is the plaintiffs' contention that from the time the defendant was ap