Silva vs Perera – clr volume 2 page 053_2

In the case between the plaintiff (seeking partition of Halgama Parangiawatte land in Kalutara district) and the first defendant (who obtained a conveyance from the executrix), the court addressed whether the executor’s powers under a will are confined to properties specifically mentioned in the will or extend to the entire estate. It was held that, in the absence of express restrictions within the will, the executor’s authority encompasses the whole estate, including properties not expressly referred to in the will. The judgment reaffirms the principle that the powers of an executor are not to be restricted by implication and should be construed in accordance with the entire estate unless stated otherwise. The decision relied on common law principles governing the interpretation of wills