Lebbe Marikar V. Mohamed Kalid

1936 Present : Akbar S.P.J. and Maartensz J.

LEBBE MARIKAR v. MOHAMED KALID.

14-D. C. (Inty.) Colombo, 5,582.

Administration-Death of executor-Right of his executor to administer estate of original testator-Civil Procedure Code, s. 549.

The executor of an executor is not entitled to administer the estate of the original testator without a fresh grant of administration.
APPEAL from an order of the District Judge of Colombo.

H. V. Perera, for first respondent, appellant.

C. X. Martyn, for second respondent, appellant.

N. Nadarajah (with him C. Thiagalingam and D. W. Fernando), for petitioner, respondent.

November 14, 1935. AKBAR S.P.J.-

Under a last will of 1905 of a Muslim lady who died in 1916 her husband was named as the executor and a request of Rs. 2,000 was made to the petitioner-respondent which was to be paid to him on his attaining 21 years, if " the executor shall deem him deserving of the said legacy ". The executor proved the will and filed his final account on November 20,.

1916, in which he showed that he had retained the Rs. 2,000 being amount of legacy payable to the petitioner-respondent. According to the p

Click Here to Read the rest of this document