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Fagine ut of egate relating Inagurial ad. seinetron. Chee thing
Case of Inikat being sele executor. (340+0.387.
ti
Prohibit Som
of executor
Boting pending
Miniatow
Lish
(N6, 8 of 1869,
331
À peint mont
Admini
Trafo J- dowe Jur
Adminia-
tration
peuding
(NO 8 DE TAGO.
271
Given by
daninikirator. (No. of 1960, 1.49.
A thumb of
Jud.
No. 5800,
s. 10)
Validation of₤ PRSKALNS
ad under
tute Administra
A
quently
Tarkan
Validation of
bude under desmotiva
1.3
35. The costs incurred by granting any such special administration shall be paid by such person or out of such fund as the Court may direct, and the costs incurred by proceeding in any suit against any such administrator shall be paid by such person or out of such fund as the Court in which the suit is pending may direct.
38.-(1) Where an infant is sole executor of any deceased person, administration with the will annexed shall be granted to the guardian of such infant, or to such other person as the Court may think fit, until such infant has attained the full age of twenty-one years, at which period, and not before, probate of the will shall be granted to him. (2.) The person to whom such administration is granted shall have the same powers vested in him as an administrator now has by virtue of an administration granted to him durante minore ætate of the next of kin.
37. After any grant of administration, no person shall have power to sue or prosecute any suit, or otherwise to act as 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.
Administration pendente lite.
38.(1) Pending any suit 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 the last preceding section relating to grants of administration pending suit shall be deemed to apply to the case of appeals to Her Majesty-in-Council from any decision of the Court.
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 from time to time direct: Provided that it shall not be necessary for the Captain Superintendent of Police, when applying for or obtaining administration of the estate of a person dying whilst employed in the Police Force, as hereinafter provided, to give any such bond as aforesaid.
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.
Revocation of Grant.
42. When any probate or administration is revoked, all payments bona fide made to any executor or administrator under such probate or administration before the revocation thereof shall be a legal discharge to the person making the same, and the executor or administrator who has acted under any such revoked probate or administration may retain and reimburse himself in respect of any payments made by him which the person to whom probate or administration is afterwards granted might have lawfully made.
43. All persons making or permitting to be made any payment or transfer bona fide upon any probate or administration granted in respect of the estate of any deceased person shall be indemnified and protected in so doing, notwithstanding any defect or other thing whatsoever affecting the validity of such probate or administration,
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