D. 1897.]
PROBATES.
[No. 2.
or 8. 19.—
art by summary petition verified upon oath, and the Court may under s. 14 upon take such evidence as it thinks fit, and may make any order relating to the matter which the justice of the case requires.
297
PART III.
GRANTING AND REVOCATION OF PROBATES, ETC.
Caveat.
30.(1.) A caveat against the grant of any probate or administration Practice as to may be lodged in the Registry of the Court.
(2) Subject to any rules or orders made under this Ordinance, the practice and procedure of the Court in respect of any such caveat shall, as early as may be, correspond with the practice and procedure hitherto used in respect of such caveats.
Caveat against grant. 20 & 21 Vict. c. 77 s. 53.
Executorship.
31. Where any person renounces probate of the will of which he is Effect of Appointed executor or one of the executors, the right of such person in renouncing respect of the executorship shall wholly cease, and the representation of probate. the testator and the administration of his estate shall and may, without further renunciation, go, devolve, and be committed in like manner as if such person had not been appointed executor.
32. Whenever an executor appointed in a will survives the testator but dies without having taken probate, or, having been cited to take probate, does not appear to such citation, the right of such person in respect of the executorship shall wholly cease, and the representation of the testator and the administration of his estate shall go, devolve, and be committed in like manner as if such person had not been appointed executor.
Administration.
Effect of executor not taking probate.
21 & 22 Vict. c. 95. 16. estate. c. 77 s. 73.
33. Where a person dies wholly intestate as to his personal estate Appointment leaving a will affecting personal estate but without having appointed administrator of intestate's executor thereof willing and competent to take probate, or where the executor is, at the time of the death of such person, resident out of Colony, or where it appears to the Court to be necessary or convenient to appoint some person to be the administrator of the estate of the deceased person or of any part of such estate, other than the person who if this Ordinance had not been passed, would by law have been entitled to a grant of administration of such personal estate, it shall be lawful for the Court, in its discretion, to appoint such person as the