RULE 84 GENERAL POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS

Question 1

What are the GENERAL POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS?

Answer 1

1. The executor or administrator of the estate of a deceased partner shall at all times have access to, and may examine and take
   copies of, books and papers relating to the partnership busi­ness, and may examine and make invoices of the property belonging to such partnership; and the surviving partner or partners, on request, shall exhibit to him all such books, pa­pers, and property in their hands or control.
2. On the written application of such executor or administrator, the court hav­ing jurisdiction of the estate may order any such surviving partner or partners to freely permit the exercise of the rights, and to exhibit the books, papers, and property, as in this sec­tion provided, and may punish any partner failing to do so for contempt.
3. , An executor or administrator shall maintain in tenantable repair the houses and other structures and fences belonging to the estate, and deliver the same in such repair to the heirs or devisee when directed so to do by the court.
4. An execu­tor or administrator shall have the right to the possession and management of the real as well as the personal estate of the deceased so long as it is necessary for the payment of the debts and the expenses of administration.

Question 2

What are the GENERAL POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS?

Answer 2

1. The executor or administrator of the estate of a deceased partner shall at all times have access to, and may examine and take
   copies of, books and papers relating to the partnership busi­ness, and may examine and make invoices of the property belonging to such partnership; and the surviving partner or partners, on request, shall exhibit to him all such books, pa­pers, and property in their hands or control.
2. On the written application of such executor or administrator, the court hav­ing jurisdiction of the estate may order any such surviving partner or partners to freely permit the exercise of the rights, and to exhibit the books, papers, and property, as in this sec­tion provided, and may punish any partner failing to do so for contempt.
3. , An executor or administrator shall maintain in tenantable repair the houses and other structures and fences belonging to the estate, ‘ and deliver the same in such repair to the heirs or devisee when directed so to do by the court.
4. An execu­tor or administrator shall have the right to the possession and management of the real as well as the personal estate of the deceased so long as it is necessary for the payment of the debts and the expenses of administration.

Question 3

May an administrator exercise the right of legal redemption?

Answer 3

No.

Question 4

ToF. Where estate of a deceased person is already the subject of a testate or intestate proceeding, the administrator cannot enter into any transaction involving it without any prior approval of the Court

Answer 4

True

Question 5

ToF. The right of an executor or administrator to the posses­sion and management of the real and personal properties of the deceased is absolute.

Answer 5

False. The right of an executor or administrator to the posses­sion and management of the real and personal properties of the deceased is not absolute and can only be exercised so long as it is necessary for the payment of the debts and expenses of administra­tion.