the petitioner for probate or letters of administration, as the case may be,
shall be the plaintiff, and the person who may have appeared to oppose the
grant shall be the defendant.
266. Payment to executor or administrator before probate or
administration revoked.
Where any probate is or letters of administration are revoked, all payments
bona fide made to any executor or administrator under the probate or
administration before its revocation shall, notwithstanding the revocation, be
a legal discharge to the person making the payments; and an executor or
administrator who has acted under any revoked probate or administration
may retain and reimburse himself or herself in respect of any payments he or
she made, which the person to whom probate or letters of administration shall
be afterwards granted might have lawfully made.
267. Appeals from orders of district delegate.
Every order made by a district delegate by virtue of the powers hereby
conferred upon him or her shall be subject to appeal to the High Court under
the civil procedure rules applicable to appeals.
PART XXXII—EXECUTORS OF THEIR OWN WRONG.
268. Intermeddling, etc.
A person who intermeddles with the estate of the deceased or does any other
act which belongs to the office of executor, while there is no rightful
executor or administrator in existence, thereby makes himself or herself an
executor of his or her own wrong; except that—
(a) intermeddling with the goods of the deceased for the purpose of
preserving them, or providing for his or her funeral, or for the
immediate necessities of his or her own family or property; or
(b) dealing in the ordinary course of business with goods of the
deceased received from another,
does not make an executor of his or her own wrong.
269. Liability of executor of his or her own wrong.
When a person has so acted as to become an executor of his or her own
wrong, he or she is answerable to the rightful executor or administrator, or
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