Kumarajeeva V. Susana Fernando Et Al.,

1950 Present : Nagalingam J. and Swan J.

KUMARAJEEVA, Appellant, and SUSANA FERNANDO et al.,

Respondents

S. C. 23-D. C. (Inty.) Negombo, 3,493

 Will-Probate-Right of executor is paramount.

The Court cannot refuse to grant the probate of a will to a person appointed executor on the ground of refusal by the executor to include certain disputed moneys as forming part of the estate.

APPEAL from an order of the District Court, Negombo.

N. E. Weerasooria, K.C., with C. V. Ranawake, for the petitioner appellant.

H. V. Perera, K.C., with E. G. Wikramanayake, K.C., and Vernon Wijetunge, for the 3rd respondent.

Cur. adv. vult.

 December 11, 1950. NAGALINGAM J.-

This is an appeal from an order of the learned District Judge of Negombo granting letters of administration with the will annexed to the 3rd respondent, in preference to the claim of the petitioner who is the executor named in the will.

That the Court has the power to pass over an executor for good reason is a proposition that must necessarily flow from the Divisional Bench judgment of this Court in Setukavalar v. Alvapillai 1[ (1934) 36 N. L. R. 281.] by reason of

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