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On The Implication Of Interfering With The Estate Of A Deceased Where Such Person Has Not Been Lawfully Appointed An Executor Or Administrator Of The Estate
Now, a person who has not been lawfully appointed an executor or administrator of an estate may by reason of his own intrusion upon the affairs of the estate be treated for some purpose as having assumed the executorship and in law such a person is called an executor de son tort.
The slightest interference with the goods or property of the deceased is sufficient to create such liability and such a person (executor de son tort) is liable to be sued by the rightful representative of the estate, or by a creditor to the estate, or by a beneficiary thereof. [see Halsbury laws of England 3 rd Ed. P. 147 235]; but he is liable for no more than has actually come into his hands.
UDENSI V. MOGBO:LGC(1/7/1976)C