CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1269
Summons
626. At the time when any summons is obtained, an entry thereof shall be made in the Summons Book, stating the date on which the summons is issued, the name of the cause or matter, and by what party, and shortly for what purpose such summons is obtained, and at what time such summons is returnable. O. 55, r. 38.
Administrations and trusts.
627. The executors or administrators of a deceased person or any of them, and the trustees under any deed or instrument or any of them, and any person claiming to be interested in the relief sought as creditor, devisee, legatee, next of kin, or heir-at-law of a deceased person, or as cestui que trust under the trust of any deed or instrument, or as claiming by assignment or otherwise under any express trust, such creditor or other person as aforesaid, may take out, as of course, an originating summons returnable in chambers [cf. s. 636.] 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.