De Zoysa V. De Zoysa

Present: Bertram C. J. and Schneider J.

DE ZOYSA v. DE ZOYSA.

67-D. C. Colombo, 4, 975.

Judicial settlement-Nature and scope of inquiry-Claim against executor for money not recovered through his default-Correctness of inventory challenged-Abandonment of debts-Discretion of executor-Civil Procedure Code, chap. LV., ss. 718 and 739.

Where the heirs of an estate took over certain properties in pursuance of an auction held among themselves, subject to the condition that the inequalities of the shares should be adjusted,-

Held, that such an adjustment can only be secured by an action for contribution among the heirs. An executor is under no obligation to make such an adjustment.

Proceedings under chapter IV. of the Civil Procedure Code for a judicial settlement of an estate provide no means by which it is possible to charge an executor in respect of a hypothetical sum "which he might have received had he administered the estate with greater foresight and diligence.

The correctness of an inventory filed by an executor should be challenged under section 718 of the Code.

An executor has a discretion to abandon a debt due to an estate; but

Click Here to Read the rest of this document