Feldman v Migdin NO

The appellant, an attorney, was appointed executor of the late Siegfried Migdin’s estate. He was later removed by the Master for failure to perform his duties. After his removal, the respondent was appointed as executor. It emerged that during the appellant’s tenure he had received (a) the purchase price of R150 000 from the sale of immovable property owned by Hanfried Investments CC, a close corporation of which the deceased had been the sole member, and (b) several cheques payable to the estate which had not been deposited into the estate bank account. The respondent alleged that the appellant contravened sections 28 and 46 of the Administration of Estates Act 66 of 1965 by failing to deposit these amounts into the estate account and claimed the statutory penalty of double the amounts allegedly not deposited.

The appeal was upheld with costs. The order of the trial court was set aside and replaced with an order dismissing the plaintiff’s action with costs.

The case is significant for clarifying the interpretation of sections 28 and 46 of the Administration of Estates Act. It establishes that cheques are not 'money' for purposes of the punitive double-payment provision in section 46 and confirms that only monies received 'for the estate' trigger the statutory duty to deposit into an estate bank account. The judgment limits the scope of executors’ penal liability and provides important guidance on statutory interpretation in estate administration.