848

Powers to administer estate of intestate, not exceeding $50, in summary manner.

Cases in which Official Administrator is entitled to administration.

No. 2 of 1897.

PROBATES.

19. When the whole estate of any person dying intestate in the Colony does not, in the opinion of the Official Administrator, exceed in value the sum of 50 dollars, it shall be lawful for the Official Administrator, if he thinks fit, without any legal formality, to receive or take possession of such estate and to administer the same in a summary manner for the benefit of all persons interested therein.

20.-(1) On application made by the Official Administrator, the Administrator Court shall, unless it sees good reason to the contrary, grant to him administration in any of the following cases :-

(a) where a person dying intestate, whether in this Colony or elsewhere, has left property situate in the Colony and no next of kin of such person are resident in the Colony;

(b) where a person dying intestate, whether in this Colony or elsewhere, has left property situate in the Colony and the next of kin of such person who are resident in the Colony file in the Registry a request for or consent to the making of such grant, in writing signed by them;

(c) where a person dying intestate, whether in this Colony or elsewhere, has left property situate in the Colony and no person has, within 12 months after the death of such person, obtained administration of his estate; and

(d) where a person dying intestate, whether in this Colony or elsewhere, has left property situate in the Colony and the next of kin of such person who are resident in the Colony are infants under the age of 21 years.

(2) The provisions of this section shall apply, with the necessary modifications, in the case of a person who dies testate, whether in this Colony or elsewhere, but without appointing an executor, or whose executor, if appointed, refuses, neglects, or is unable to act.

21. Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain administration of the estate of any person dying in the naval or military service of His Majesty and subject to the Articles of War, or of any deceased seaman or apprentice for the administration of whose estate provision is made by any Act of Parliament, or of any person for the administration of whose estate special provision is otherwise made in Part V.

* As amended by No. 50 of 1911 and No. 1 of 1912.

As amended by No. 51 of 1911 and No. 1 of 1912.

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