MOYSA FERNANDO v. ALICE FERNANDO.

MOYSA FERNANDO v. ALICE FERNANDO.

D. C, Colombo, 11,084.

Administration state of the law, as to necessity of taking out letters in case of intestacy, before and after the passing of the Civil Procedure Code, 1889-Inventory and division of joint estate by surviving husband without administration-Action by heir for share of inheritance-Proper remedy.

Bonser, C.J.-By the Charter of 1833 the English law of executors and administrators was introduced into this Island, and in 1841 a duty was imposed by Ordinance No. 7 of that year on letters of administration and probate of wills in regard to all classes of estates.

The law thus introduced and carried into effect by Rules and Orders in that behalf made being new to the people of the country, the Supreme Court directed the District Courts not to enforce the new law too suddenly or inflexibly, whence arose the lax practice of not requiring administration in the case of " small " estates, and the question of what was a small estate was left to the discretion of individual judges.

The Civil Procedure Code of 1889 took away this discretion, and by section 547 it was provided that no estate

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