Description
Probate and administration of estate – validity of a will – not procured immediately after the death of the deceased – will handed over to a beneficiary – administrator’s legal right to sell – under the capacity of an administrator of the deceased’s estate – debts arising from the administration of the estate – bonafide purchaser must be protected – bound by their pleadings.
- A will was found to be invalid because it was not procured immediately after the death of the deceased and none of the witnesses of the will nor the author had appeared in any court to testify in support of will (pp. 6 and 7) and it was handed over to a beneficiary therein (p. 6).
- It is illegal for the testator of the will to hand over the same to the named beneficiary (p. 6).
- The first defendant sold the suit land belonging to the deceased’s estate while he was an administrator of the deceased estate – it was held that first defendant had the legal right to sell the land as he was acting under the capacity of an administrator of the deceased’s estate (p. 7); and since the sale was intended to clear the debts arising from the administration of the deceased’s estate (pp. 7 – 8). The bonafide purchaser must be protected by the law since the contract which he entered was not void nor was it tainted with ill will (p. 8).
- In civil cases parties are bound by their pleadings (p. 9).
- The court did not award costs due to the nature and relations that existed between the parties (p. 9).
