JUDGMENT Harington, J. - This is an application by an eldest daughter that the Administrator-General, who is holding her deceased father's estate under sec 18 of the Administrator-General's Act pending the grant of letters of administration, may be authorized to pay out the income to her. The payment asked is not a payment for the benefit of, or for the preservation of the assets. It is a payment to the prejudice of the estate. Under the rule of law which has been stated by Parke. B. in Morgan v. Thomas 8 Exch. Rep. 302 at p. 307 (1853) no payment made to the prejudice of an estate before the grant of letters of administration can be made good by subsequent administration. The payment therefore which the Court Is asked to authorize is one which a private administrator could not properly make before the grant of letters of administration. Sec. 18 does not, in my opinion, put the Administrator-General In any better position than a private administrator would have been. The authority asked for therefore cannot be granted and the application must be refused with costs. Mr. Chakravarti.- The cost will include costs of the previous hearings before Mr. Justice Mitter. Mr. B.C. Mitter.- That will be a matter for the Taxing Officer. The Court.- I shall make no special order as to costs. Messrs. Rutter & Co., Attorneys for Premmani. Mr. N.C. Dutt, Attorney for Ranimanl. Mr. P.C. Law, Attorney for Jugal Kisore Sen. Mr. R. Rutter, Attorney for Administrator-General.