possession of the second and third respondents (the deceased’s parents). Once Mr Gory is declared to be the sole intestate heir of the deceased, there is no reason whatsoever for any of these assets to remain in the possession of the respondents.
[55] I turn now to paragraphs 9.1, 9.2, 10 and 11 of the High Court order. These orders removed Mr Kolver from the position of executor (paragraph 9.1), suspended the administration of the deceased estate (paragraph 9.2), deprived him of entitlement to remuneration for services rendered in connection with the administration of the deceased estate and to reimbursement for expenses incurred in this regard (paragraph 10), and ordered costs de bonis propriis against him (paragraph 11). Mr Kolver contended that the High Court failed to exercise its discretion properly and appropriately in coming to the conclusion that his conduct in his capacity as executor of the late Mr Brooks’ deceased estate was so unreasonable that the court was justified in making these orders.
[56] In terms of section 54(1)(a)(v) of the Administration of Estates Act 66 of 1965, an executor may at any time be removed from his office by the Court if for any reason other than those set out in the rest of section 54(1)(a),[1] “the Court is satisfied that it is undesirable that he should act as executor of the estate concerned”. In Die Meester v Meyer en Andere,[2] Margo J (with whom Davidson J and Franklin J concurred),
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