Perera vs Silva – clr volume 2 page 150

The case between the administratrix of Eusebius Perera (the widow and plaintiff) and the co-owner of the leasehold interest (defendant) addressed the administration of property following the death of a spouse married in community of property. The dispute focused on whether the administratrix was entitled to administer the entire community estate or only the deceased’s half, particularly regarding profits from a leasehold in plumbago pits. It was held that, for purposes of administration and settlement of the deceased’s obligations, the whole community estate vests in the administrator despite the surviving spouse’s legal entitlement to half of the property. The principle reaffirmed is that, under Roman-Dutch law and statutory provisions, vesting the entire estate in the administrator optim