rule 84

Rule 84“ General Powers and

Duties of Executors and Administrators”

1.01 WHAT ARE THE GENERAL

POWERS AND DUTIES OF

EXECUTORS AND

ADMINISTRATORS?

The general power and duties are the following:

a) Shall at all times have access

to, and may examine and take

copies of, books and papers

relating to the partnership

business,

b) May examine and make

invoices of the property

belonging to such properties,

c) Shall maintain in tenantable

repair the houses and other

structures and fences

belonging to the estate, and

deliver the same in such repair

to the heirs or devisees when

directed so to do by the court,

d) Shall have the right to the

possession and management of

the real as well as the personal

estate of the deceased so long

as it necessary for the payment

of the debts and the expenses

of administration.

1.02 IS THE RIGHT OF AN

EXECUTOR OR ADMINISTRATOR

TO THE POSSESSION AND

MANAGEMENT OF PROPERTIES

LEFT BY THE DECEASED

ABSOLUTE?

The right of an executor or

administrator to the possession and

management of the real and personal

properties of the deceased is not

absolute and can only be exercised

“so long as it is necessary for the

payment of the debts and expenses

of the administration.”

1.03 IN THE EXERCISE OF THE

POWERS OF ADMINISTRATION BY

THE EXECUTOR OR

ADMINISTRATOR, MUST THERE

BE LEAVE OF COURT?

An administrator or executor

has all the powers necessary for

the administration of the estate

and which powers he can exercise

without leave of court.

It has long been held that the

constitution of the lease over

property of the state is an act of

administration and leave of court

is not required.

In the following circumstances,

however, leave of court is

necessary as the acts are not

considered within the power of

administration, to wit;

An administration of an

intestate cannot exercise the right

of legal redemption over a portion

of the property owned in common

sold by one of the other co-owners

since this is not within the powers

of administration.

Where estate of a deceased

person is already the subject of a

testate or intestate proceeding the

administrator cannot enter into

any transaction involving it without

any prior approval of the Court.