EKANAYAKA v. APPU et al

EKANAYAKA v. APPU et al

D. C, Tangalla, 465,

Administrator of intestate estate-When functas officio-Sale by Fiscal in execution against administrator-Final account of administrator-Right of heirs to deal with assets of the estate.

An administrator appointed by Court to administer the estate of a deceased person has power over every portion of his property within this Colony, and it endures for the life of the administrator or until the whole of the estate is administered.

The rendering of a final account, much less an account that is not final in fact, does not make him funetus officio, without a judicial settlement or a formal discharge or removal from office.

When a creditor holds a judgment against the administrator, the assets of the testator cannot be held or disposed of by the heirs to their advantage or to his detriment.

PLAINTIFF in this case, claiming to be the owner of a field by virtue of a deed of sale made in his favour on the 16th November, 1896, by the Fiscal of Matara, who auctioned the land on the 10th May, 1890, under writ issued in case No. 33,520, C. R., Matara, wherein the defendant was the official administrat

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