ADMINISTRATION OF ESTATES ACT Chapter 6:01 (ii) when it appears to the Master or to the High Court or any judge thereof, on reviewing the appointment of the Master, that any good reason exists against the appointment of all or any of the above-mentioned persons or classes of persons, as executor or executors, any such person or class of persons may be passed by and some other fit and proper person or persons may by the Master, or by the High Court or judge, be appointed executor or executors; (iii) every such appointment so made by the Master shall, on the application of any person having an interest in such estate, be subject to be reviewed and confirmed or set aside by the High Court or any judge thereof; and the High Court or judge by whom such appointment is set aside may appoint some other fit and proper person or persons to be executor or executors. 27 Appointment of tutor as executor When it happens that any of the next of kin or creditors or legatees of any deceased person are minors under the guardianship of any tutor duly appointed, then and in every such case such tutor shall be entitled to be preferred to the office of executor dative under section twenty-six, in the same manner in all respects as the minor, whose tutor he is, would, if of full age, have been entitled to be preferred to that office under the said section. 28 Assumption of executor under power contained in will (1) Nothing in this Act shall prevent any testamentary executor from assuming another person as executor under a power conferred on him by the testator in his will or codicil: Provided that no person shall be entitled or qualified to act as assumed executor unless— (a) he is the testator’s surviving spouse or next of kin or is registered in terms of the Estate Administrators Act [Chapter 27:20]; and (b) the Master has granted him letters of administration as such during the lifetime of the testamentary executor. (2) The Master shall grant a person letters of administration as an assumed executor in terms of subsection (1) if the Master is satisfied that the power of assumption under the will or codicil concerned has been properly exercised. (3) Every provision of this Act and any other law relating to executors shall apply to persons who are assumed as executors under this section. [Section substituted by section 68 of Act 16/1998] 29 Appointment of new executor When by reason of any testamentary or assumed executor whom letters of administration have been granted having died or become incapacitated to act as such, or having been removed from his office by the decree of any competent court or a judge thereof there does 16 Reissue