Section 23
Devastavit executors, etc.
of Administration of Estates Ordinance, 1933
—
(1)
An executor or administrator shall be responsible to the beneficiaries or heirs for any loss, deterioration or depreciation of the property while in his possession or under his control if caused by his own negligence or default.
(2)
If an executor or administrator—
(a)
continues at a loss a business of which the deceased was sole proprietor; or
(b)
allows the deceased’s share in any business in which he was a partner and which is being continued at a loss by the remaining partners to remain in the business without taking steps to recover such share, he shall be liable to the beneficiaries or heirs to the extent of the loss suffered by the estate, unless he satisfies the Court that his conduct was justifiable in the circumstances.