( 298 )
Re the Estate of Avoo Lebbe Marikar, deceased.
19.D. C., Colombo, 1,213.
Mohammedan ladies — Right to draw money oui of court — Personal attendancedispensed with,—Representation by proctor—Right of administrator todraw on their behalf.
Mohammedan ladies, to Whose credit money has been deposited inCourt in a testamentary case, may draw it upon application by a dulyappointed proctor, without having to personally attem Court.
The administrator, though related to such ladies as brother, has noright to draw it.
HE appellant being the administrator of the estate of theabove-named deceased applied to the District Judge, on
affidavit, some time after filing his final account, to withdraw asum of money deposited in Court to the credit of two of his sisters,who being Mohammedans were not accustomed to appear in Court.
The District Judge refused the application, and the applicantappealed.
Sampayo, for appellant.
( 299 )
19th October, 1900. Bonser, C.J.—1900>
This is an appeal by an administrator against the refusal of the
Additional District Judge of Colombo to pay out to him certainmoney in Court, representing the shares in the estate o£ theintestate of two Moorish young ladies, who are the sisters of theadministrator. They are not represented in the proceedings by aproctor, and according to the habit of their race and religion theydo not come personally into Court. But there is no reason whythey should not be represented by a proctor.
We have the opinion of the District Judge, on the materialsbefore him, that he had no security that if the money was paidover to the brother, his sisters would ever see a halfpenny of it ;and I think he was quite right to insist upon some assurance thatthe money would reach the hands of the proper parties. TheseMoorish women are entirely under the thumb of their malerelations, and, therefore, it is all the more necessary to take specialprecautions to protect their interests. But I see no reason why, ifthey make their application by a duly appointed proctor, theDistrict Judge should not accede to it, dispensing with theirpersonal attendance.