Dr. Curtis C. Adeniyi-jones V. Josephine Martins (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Executor de son tort—Intermeddling with real property ofjudgement ofintestate—Administration (Real Estate and Small Estates)SupremeCourt.Ordinance (Cap. 13) section 2.

Facts

A. having died intestate, the defendant, his sister, collected rents upon real property which was part of his estate. The plaintiff sued the defendant as A’s executrix for £105 in respect of professional services rendered to A during his lifetime, claiming that she was liable as executrix de son tort.

Held

That the effect of section 2 of the Administration (Real rastates and Small Estates) Ordinance (Cap. 13) was to place real property, left on intestacy, in the same position as personal estate for• the purposes of administration, and that such real property thus acquired the character of personal property for the purposes of administration. It was held further that the intermeddling of the defendant in the real estate made her en .” executrix de son tort ” and that the was liable to the plaintiff for the amount claimed.

Appeal dismissed.