JUDGMENT

Terrell J:

Ena Mohamed Tamby dies on 2 December 1903 possessed of considerable immovable property in Singapore. He had made a will dated 30 March 1902 whereby he appointed the first defendant and others his executors. Between the date of his will and the date of his death he married the present plaintiff but it does not appear to have occurred to anyone that such marriage revoked the will. On 27 June 1904 probate of the will was granted to the first defendant. The other executors never proved. Ordinarily speaking an executor derives his title from the will which speaks from the testator's death. On probate being granted the executor is legally in possession of the assets as from the testator's death under the additional authority of an Order of Court. In 1917 the executor sold certain of the immovable property which was conveyed to him as trustee under the will. The only property originally belonging to the deceased and remaining unsold was No. 261 Beach Road. The substituted properties purchased in 1917 are Nos 46, 47, 48, 49, 50 and 51 Buffalo Road and No. 5 Malay Street. All these properties have been conveyed to one or other of the second, third, fourth, fifth and six