No. 2 of 1897.
851
under the
ator and
¡ SO
ach to
1st the
the im-
tor the
14 by
ks J
the is-
he he
of 28 9 1
30, and the representation of the testator and the administration of his estate shall and may, without any further renunciation, go, devolve, and be committed in like manner as if such person had not been appointed executor.
executor not
T21 & 22 Vict.
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 probate 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.
c.95 s. 16.j
Administration.
of adminis-
trator of
intestate's
120 & 21 Vict. c. 77 s. 73.]
33. Where a person dies wholly intestate as to his personal estate or leaving a will affecting personal estate but without having appointed an 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 the 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 Court thinks fit to be such administrator, on his giving such security, if any, as the Court may direct, and every such administration may be limited in such manner as the Court thinks fit.
administra-
executor or
34.--(1) At the expiration of 12 months from the death of any deceased person, if the executor or executors to whom probate of the will has been granted, or the person or persons to whom administration has been granted, is or are residing out of the jurisdiction of the Court, it shall be lawful for the Court, on the application of any creditor, next of kin, or legatee, grounded on an affidavit made for that purpose, to grant such special administration as it may think fit of the estate of such deceased person.
(2) It shall be lawful for the Court, on application made for that purpose by any person interested, to direct any shares or stock in any joint stock company to be transferred into the name of the Registrar, in trust for such purposes as the Court may direct, in any action in which the person to whom such special administration has been granted is a party.
jurisdiction.