- (1.) This is an application by the Administrator-General as the Administrator of the estate of Nundo Lall Mullick, deceased, for permission, under suction 90 of the Probata and Administration Act, to sell property belonging to the estate for the purpose of paying off certain pressing claims against the estate.
(2.) The Administrator-General is the Administrator of the estate by virtue, of a deed of transfer executed by the executors of the Will of the deceased under the provisions of Section 31 of the Administrator-General's Act.
(3.) The question raised is whether the Administrator-General, for the purposes of Section 90 of the Probate and Administration Act, is an executor or an administrator in respect of the properties vested in him by the deed of transfer. The deed of transfer is dated the 14th August 1893, and Section 31 of the Administrator-General's Act provides that on the transfer being made by a private executor, 'the Administrator-General for the time being shall have the rights and be subject to the liabilities which he would have had and to which he would have been subject if the probate had been granted to him by his name of office at the date aforesaid.'';