506
No. 2 of 1897.
PROBATES.
ing adminis-
tration.
executor of the deceased person, as to the personal estate comprised in or affected by such grant of administration, until such administration has been recalled or revoked.
20 & 21 Vict. c. 77, s. 75.
Appoint-
ment of administrator pendente lite.
20 & 21 Vict. c. 77, s. 70.
Administra-
tion pendente lite.
38.-(1) Pending any action touching the validity of the will of any deceased person, or for obtaining, recalling, or revoking any probate or any grant of administration, the court may appoint an administrator of the estate of such deceased person.
(2) The administrator so appointed shall have all the rights and powers of a general administrator, other than the right of distributing the residue of such estate.
(3) Every such administrator shall be subject to the immediate control of the court and act under its direction.
39. All the provisions of section 38 relating to grants of administration pending action shall be deemed to apply to the case of an appeal to His Majesty in Council from any decision of the court.
Bond to be given by administrator.
20 & 21 Vict. c. 77, s. 81.
Amount of bond.
20 & 21 Vict. c. 77, s. 82.
Administration bond.
40. Every person (other than the Official Administrator) to whom any grant of administration is committed shall, unless the court otherwise directs, give a bond, with (if the court requires) one or more surety or sureties, conditioned for duly collecting, getting in, and administering the estate of the deceased person, and the bond shall be in such form as the judge may direct.
41. Every such bond shall be in a penalty of double the amount under which the estate of the deceased person is sworn, unless the court in any case thinks fit to direct the same to be reduced, in which case it shall be lawful for the court to do so; and the court may also direct that more bonds than one shall be given so as to limit the liability of any surety to such amount as the court thinks reasonable.
* For power of court to assign bond on breach see 20 & 21 Vict. c. 77, s. 83. ‡ As amended by No. 14 of 1933 [23.6.33].