Stewart Et Al. V. Senanayake

Present: Fisher C.J. and Maartensz A.J. 1929

STEWART et al. v. SENANAYAKE et al.

198-D. C. Avissawella, 165.

Last will-Direction to executor to sell property-Devise of proceeds of sale-Failure of executor to sell-Property dealt with by heirs-

Vesting of title-Execution sale-Subsequent acquisition of title by judgment-debtor." 'Where a last will directed the executor to sell property and then devised the proceeds of sale in the manner specified, and where the executor failed to carry out the directions and the devisees dealt with the property as owners,-

Held, that the devisees must be deemed to have elected to take the property in its original character.

The subsequent acquisition of title by a judgment-debtor does not ensure to the benefit of a purchaser at the execution sale.

THIS was an action for declaration of title to 2/5 share of an estate called Belangalla, which belonged to one John Stewart. He died in September, 1906, leaving a last will, by which he directed his executor to sell the estate after the death of his wife, to whom he left the life-interest. The last will then devised the proceeds of sale among his fou

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