Supreme Court
Action No. 69 of 1982
7th December, 1983.
Moe, CJ.

Mr. Denys Barrow for the Plaintiff.
Mr. Oscar Sabido for the Defendant.

Administration of estate - Plaintiff and Defendant beneficiaries of estate of deceased sister - Defendant granted administration of estate - Application by Plaintiff for accounts and inquiries, distribution of estate of deceased - Order for administration of estate of deceased by Court - Full and true account from Defendant of the estate and handling of it to be delivered to Registrar within 21 days.

ORDER

Having had from the Defendant an account of the deceased's estate and his handling of it, I considered all the circumstances of the matter put before me whether during hearing of the action or otherwise particularly the present state of the estate.

There are certain matters to be clarified. It was shown that there was a sum of $200 which the deceased left and was taken by one Alfredo Catzim. That the Defendant knew about this but did nothing to get the amount in. I hold he is responsible for that sum and his is deemed to have it in hand. It was also shown that the Defendant delivered items to persons to whom he ought not to have delivered them and has not shown that in the circumstances he may fairly be excused. I therefore also hold he Defendant responsible for those items namely:-

Jewelry handed to Alfredo Catzim value $255

Furniture handed to Alfredo Catzim value $182

Further to the value of the items of jewelry left by the deceased I add $70.

I therefore considered that the Defendant had for distribution personally to a value as set out in the account dated 5th October, 1983 to which I add $200 (money taken by Catzim) and $70 (additional value on items of jewelry); giving a total value of $6,622. The Defendant has spent as shown in the said account of the 5th October, 1983 less $199 not allowed for rum, wine and sweets, a total of $5,665.84. There should then be a balance of $956.16 in favour of the estate.

Bearing in mind that the estate is to go to the Plaintiff and Defendant in equal shares, $478.08 would be due the Plaintiff. By the account, she has already received personalty to a value of $230.00. She is therefore due to be paid by the Defendant $248.08.

I direct that the dorey, house and lot at Progresso, the 2 acres of land with coconut trees at Progresso and the house and lot at San Francisco, Orange Walk Town be sold and out of the proceeds the sum of $248.08 be paid to the Plaintiff and the balance divided equally among the Plaintiff and the Defendant.

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