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JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, DELIVERED THE 27TH MARCH, 1939
Privy Council, 27th March, 1939.
This appeal concerns the administration of the estate of one Tab Beigh, a trader of 17, Picton Street, Bathurst, in the Colony of Gambia, who died on the 19th December, 1927, leaving a will dated the 1st November, 1926, of which probate was granted on the 30th January, 1928.
That will appointed one Colin Shaw and one William Topp to be executors and contained the following provisions which are material to the questions in issue in the present case :-
" (I) I give and devise my lot of land No. 10, Leman Street, Bathurst, to my dear wife Ada Heigh for the term of her natural life and after her death to the Father Superior of the R.C. Mission at Bathurst .
" (2) I direct that my said dear wife be permitted to reside in my premises No. 17, Picton Street, Bathurst, for 12 months only after my death.
" (3) I give and bequeath to my said wife the whole of the amounts due on the mortgage of 12, Hagan Street, Bathurst, that is to say both the principal and interest on it for her absolute use and benefit.
" (4) I give and bequeath unto my said wife all the goods in my shop at 17, Picton Street, Bathurst, and all my stock in trade and other personal effects belonging to me in connection with or used for the purposes of trade and the benefit of all contracts subsisting in relation to my business.(" • Reported at 3 W.A.C.A. p. 16).
The two executors duly proved the will but William Topp never intermeddled with the assets and the determination of the present appeal is concerned solely with the activities of Colin Shaw in administering the estate. The appellant, Ada Beigh, the deceased man's wife, being, as. she stated, dissatisfied with the way in which the property -. left to her was dealt with, initiated the present action Lord Porter by writ issued on the 19th June, 1934, claiming as legatee under the will against both Colin Shaw and William Topp as executors to have the real and personal estate of her late husband administered and an account rendered of what was due to her under and by virtue of the said will. The defendant Topp (who was then in Europe) was not served in the first instance. On the 21st June, 1934,. Colin Shaw submitted to an order that he should render a proper statement of account as executor of the estate of the deceased on or before the 28th July, 1934. During that month certain other beneficiaries under th