Mohamado Cassim vs Cassim Marikar – clr volume 2 page 072

In the case between the devisee of Cader Saibo (plaintiff) and parties representing the executors and creditors of the estate (defendants), the court addressed whether, under Ceylon law, a will-effected transfer of land requires the executor’s formal assent for the devisee to obtain good title. It was held that title to land specifically devised by will passes to the devisee, subject to the eventual perfection of that title, and that such title may be affected by the administration of the testator’s debts. This affirmed the principle that the executor’s role in estate administration does not preclude the devisee’s title, except to the extent required for creditor satisfaction. Reliance was placed on the Ordinance No. 7 of 1840 and comparative principles from English and Roman-Dutch law, es