In the Matter of the Estate of Sellamma, Deceased.

KRAUSE v. PATHUMMA.

D. C., Galle, 3,314 (Testamentary).

Power to administrator to sell immovable property-Under what safeguards this power should be exercised.

Per Bonser, C.J.-The practice as to the sale of immovable property by an administrator in this Island differs from that obtaining in England, in that in this Island he is expressly precluded by the terms of his letters from selling immovable property without the special leave of the Court. That provision was inserted in letters of administration by authority of the Legislature in order to prevent the unnecessary sale of immovable property to the detriment of the persons entitled to that property. The administrator is entitled to sell all movables without asking anybody's leave, but if he wishes to sell immovable property, he must come to the Court and show conclusively that the sale is necessary for the payment of debts and costs of the administration. If the Court is satisfied that the movable property is insufficient, it would make an order for the sale of so much of the immovable property as would be necessary for the purpose, and