Costa Et Al. V. Silva Et Al.,

[PRIVY COUNCIL. ]

1917 Present: Lord Buckmaster, Lord Dunedin, Lord, Parmoor,
and Sir Walter Phillimore, Bart.

COSTA et al. v. SILVA et al.

D .C. Colombo, 35,701.

Executor purchasing property of testator in the name of his son-Sale set aside.

Where an executor being anxious to buy the estate of his testator bought it for himself in the name of his son, the sale was set aside.

THE facts are set out in the judgment.

February 19, 1917. Delivered by LOAD BUCKMASTER: -

Two questions are involved in this appeal: the one as to whether the appellants are entitled to set aside a deed of conveyance, No. 5,118, dated June 14, 1902; and the other, which only arises if the first be affirmatively answered, what form the order granting such relief should assume. Neither question involves any intricate considerations of law, nor are the material facts capable of serious dispute.

The appellants are the five children of Philippa Moraes, and are together entitled in possession to one-fourth share of certain real estate, which was. the subject of a general gift contained in the joint will of one Simon Moraes and his wife, Justina Pereira.

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