Garber v Savage & Another (4 of 1931) [1931] SLSC 4 (11 April 1931)


Succession - administration of assets - payment of debts - intestate
estates - administrator must obtain consent of those beneficially
entitled, or court order, before selling real property to pay intestate
deceased's debts: The Execution against Real Property Ordinance
(cap. 61), s. 3, which provides that the real estate of any deceased person
may be administered for the payment of his debts does not override the
provisions of the Intestate Estates Ordinance (cap. 104), s. 24 and the
administrator of an intestate estate wishing to sell land forming part of
the estate to meet the deceased's debts, is not therefore relieved of his
obligation to obtain first the consent of the persons beneficially entitled,
or an order of court.

▲ To the top