Senaratne Et Al. V. Nandias Silva

1930  Present: Dalton S.P.J. and Lyall Grant J.

SENARATNE et. al. v. NANDIAS SILVA.

109-D. C. Tangalla, 3,042.

Executor de son tort-Application for probate -Filing of inventory-Order nisi- Action on mortgage bond.

On the death of a person his son (the defendant) applied for probate tendering a last will and filing an inventory, although another person was named in the will as executor. Order nisi was issued but no further steps were taken in the proceedings.

Held (in an action against the defendant for the recovery of money due from the estate), that the defendant was liable to be sued as executor de son tort.

APPEAL from an order of the District Judge of Tangalla. The facts appear from the judgment.

Hayley, K.C. (with him Soertsz), for plaintiffs, appellants.

No appearance for defendant, respondent.

September 12, 1930. DALTON S.P.J.-

Plaintiffs sued defendant as executor of the late Tikiri Samel de Silva to recover the sum of Rs. 10,450 on three mortgage bonds executed by the deceased.

It appears that defendant, a son of the deceased, was first sued as administrator. His answer was to the effect that, admitting the co

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