Krige and Others v Scoble and Others [1912] ZATPD 112 (27 September 1912)

Administration of Estates.-Vindicatory Action.Exvecutor.-Heirs ab intestato.-Locus Standi.Law
12 of 1870.-Proclamation 28 of 1902.

Under Law 12 of 1870, as under Proclamation 28 of 1902
by which it is repealed, a deceased' s estate is vested
in an executor testamentary or dative, and therefore
such executor is the only· person who has a locus
standi to bring a vindicatory action relative to property
alleged to form part of the estate. Such action cannot be instituted by heirs ab intestato where no executor has been appointed.