CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1279
such creditor or other person as aforesaid, may take out, as of course, an originating summons returnable in Chambers for such relief of the nature or kind following as may by the summons be specified and as the circumstances of the case may require; that is to say, the determination, without an administration of the estate or trust, of any of the following questions or matters:-
(1) any question affecting the rights or interests of the person claiming to be creditor, devisee, legatee, next of kin, heir-at-law, or cestui que trust;
(2) the ascertainment of any class of creditors, devisees, legatees, next of kin, or others;
(3) the furnishing of any particular accounts by the executors or administrators or trustees, and the vouching, when necessary, of such accounts;
(4) the payment into Court of any money in the hands of the executors or administrators or trustees;
(5) a direction to the executors or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees;
(6) the approval of any sale, purchase, compromise, or other transaction; and
(7) any question arising in the administration of the estate or trust.
628. Any of the persons mentioned in the last section may in like manner apply for and obtain an order for the administration of—
(a) the personal estate of the deceased person;
(b) the real estate of the deceased person; and (c) the trust.
Order on originating summons for administration of estate or of trust. O.55 r.4.
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629. The persons to be served with the summons under the last two sections shall, in the first instance, be the following:-
(1) Where the summons is taken out by an executor, administrator or trustee for the determination of any question-
served with originating summons.
(a) under sub-section (1), (5), (6), or (7) of section 627, the persons, or one of the persons, whose rights or interests are sought to be affected;
* As amended by No. 50 of 1911 and No. 2 of 1912.
ib. r. 5.
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