legally capable and qualified, and who consents to act as tutor, has been legally appointed tutor testamentary of the minor to whom such tutor dative had been appointed: Provided that if the non-production of such will or deed, prior to letters of confirmation having been granted to the tutor dative, has been owing to the fault or negligence of the person therein appointed tutor testamentary, such person shall be personally liable for and may be compelled by the Master or any person related to the minor to pay to the minor’s estate and account for all expenses which have been incurred in respect of and with reference to the appointment of the tutor dative. (3) The Master shall revoke letters of confirmation granted to a person as tutor or curator if the Master is satisfied that (a) when the letters of confirmation were granted to him, that person was registered under the Estate Administrators Act [Chapter 27:20] and his registration has subsequently been cancelled or suspended in terms of that Act; or (b) in the case of a tutor dative, the person is not a relative of the minor concerned and, when the letters of confirmation were granted to him, he was not registered under the Estate Administrators Act [Chapter 27:20] or his registration under that Act was suspended. [Subsection inserted by section 68 of Act 16 of 1998.] (4) Any person who is aggrieved by a decision of the Master to revoke or annul letters of administration in terms of subsection (3) may appeal against the decision to the Court within the time and in the manner prescribed in rules of court. [Subsection inserted by section 68 of Act 16 of 1998.] 79 Appointment of curator dative of estate or property of person whose whereabouts are unknown (1) If it comes to the knowledge of the Master that there is within Zimbabwe any property belonging to any person whose whereabouts are unknown, and whom he believes to be permanently absent from Zimbabwe without having a legal representative therein, the Master may cause to be published in the Gazette and in such other manner, if any, as he may think fit a notice calling on all whom it may concern to attend before him at the time and place therein specified to see letters of confirmation granted to some person to be appointed by him curator dative of the property of such absent person, and the Master shall at the time and place so specified appoint by letters of appointment a fit and proper person who is registered in terms of the Estate Administrators Act [Chapter 27:20] to be such curator dative as aforesaid: Provided that if the only property known by the Master to belong to the person believed to be absent consists of money payable to him by the executor of a deceased person or by the trustee of an insolvent estate, or under section ninety-one, the Master shall not take any such proceedings as aforesaid. [Subsection amended by section 68 of Act 16 of 1998.] (2) Letters of appointment granted under subsection (1) to a curator dative shall authorize him to take custody and charge of all the said person’s property wherever situate within Zimbabwe. 80 Appointment of curator dative of property belonging to absent persons not having a legal representative in Zimbabwe (1) If it comes to the knowledge of the Master that, in consequence of the death of any person, any estate or property has devolved on or come to belong to any person absent from Zimbabwe, and not having a legal representative within the same, the Master shall cause to be published in the Gazette, and in such other manner as to him seems fit, a notice calling on all whom it may concern to attend before him, at the time therein specified, to see letters of confirmation granted to some person to be appointed by him curator dative of the estate or property of such absent person. (2) The Master shall, at the meeting so to be held before him, appoint some fit and proper person who is registered in terms of the Estate Administrators Act [Chapter 27:20] to be curator dative as aforesaid. [Subsection amended by section 68 of Act 16 of 1998.] (3) When the only property known by the Master to belong to any such absent person consists of a sum or sums of money due and payable to him by the executor of any deceased person or by the trustee of any insolvent estate, it shall not be necessary for the Master to take any such proceedings as aforesaid; but the Master may, pursuant to section fifty-one demand, recover and receive payment of all such sums of money which shall be, after the same are so received by him, disposed of in manner hereinafter in this Act provided. 81 Appointment of curator ad litem and curator bonis (1) Nothing in this Act contained shall prevent the High Court or any judge thereof from appointing a curator ad litem to any person in every case and in such manner in all respects in which such appointment might by law have been made by the High Court if this Act had not been passed. (2) In all cases where the same may be necessary or expedient, the Master may appoint a curator bonis to take the custody and charge of any estate or property until, for the purpose of the due administration and