In the matter of the last Will and Testament Appuhennedigey Baban… – clr volume 1 page 041

In the case between the legatee under the will of Appuhennedigey Baban (deceased) and the surviving executor of Baban’s estate, the court addressed whether a legatee may, after a purported final account and an order closing the estate, seek an accounting and payment of a distributive share under section 720 of the Civil Procedure Code. It was held that jurisdiction to entertain such a petition continues so long as the estate remains undistributed, and that the summary procedure under section 720 is available to a legatee in such circumstances. The principle reaffirmed is that testamentary proceedings are not concluded until the distribution of assets is completed. Reliance was placed on the procedural history and interpretation of section 720 of the Code, emphasizing that technical closure