Duty to initiate inventory

(1) (a) The executor shall institute inventory proceeding where there are minors, interdicted or absent heirs and legatees. (b) Where the testator has empowered the executor to utilize the income of a certain part of the estate for the benefit of a charitable or public utility foundation or trust or institution, which is intended to be created by the will or which does not have a legal personality, the executor shall initiate inventory proceeding and apply for the sale of such part of the estate by public auction. (2) The procedure laid down in clause (b) of sub-section (1) shall not be applicable where the inheritance or legacy was left for the aforesaid purpose to an institution with legal personality or a trust already in existence.