In disputed or doubtful cases, directions of Supreme to Provincial Court.
Evidence to found jurisdiction of Provincial Court,
Identity.
Value of property.
Satisfactory answer to Court's inquiries before grant.
Cases in which Judge of Supreme Court alone may make grant.
Revocation or alteration of grant.
Notice to prohibit grant.
72
RULES OF SUPREME COURT
not be entertained by the Supreme Court, except on the request of the Provincial Court.
190. Where any dispute or question arises in relation to the grant or the application for it,-or it appears to the Provincial Court doubtful whether or not the grant should be made,-the Prov ncial Court shall communicate with the Judge of the Supreme Court, who shall either direct the Provincial Court to proceed in the matter according to such instructions as the Judge thinks fit, or may direct that no further proceeding be taken in the matter by the Provincial Court, but that any party concerned may apply for a grant to the Supreme Court itself.
191. The Provincial Court, before proceeding in the matter of any application, shall take care to ascertain that the deceased had at the time of his death his fixed place of abode in the district of the Court, and shall not for this pursose consider itself bound to rest satisfied with such evidence as is offered by the person applying for the grant.
192. The Court shall, where it deems it necessary, require proof, in addition to the oath of the executor or a lministrator, of the identity of the d ceased or of the party applying for the grant.
193. The Court shall take care to ascertain the value of the property of the deceased as correctly as circumstances admit.
194. In no case shall the Court allow probate or letters of administration to issue until all inquiries which it sees fit to institute have been answered to its satisfaction.
The Court shail, however, aff rd as great facility for the obtaining of probate or administration as is consistent with the due regard to the prevention of error and fraud.
195. In the following cases of probate or administration, a grant shall not issue exe-pt from the Supreme Court under the immediate direction of the Judge, namely
Probate, or administration with will annexed, where the will was executed before the 1st day of January, 1838, and there is no testamentary paper of a later date than the 31st day of December, 1837:
Probate, or administration with will annexed, the will being simply an execution of a special power, or being the will of a married woman made by virtue of a power : Administration for the use or benefit of a minor or infant, or
a lunatic or person of unsound mind:
Admi istration (with or without will annexel) of the pro- perty of a bastard dying a bachelor or spinster, or dying a widower, or widow without issue, or of a person dying without known ra'ative:
Limited administration:
+
Administration t be granted to a person not resident within
China or Japan.
196. Revocation or alteration of a grant of probate or ad- ministration shall not be made except by the Supreme Court, under the immediate direction of the Judge.
197. An tice to prohibit a grant of probate or administration (forta 28) may be filed in the Spreme Court, or in any Provincial
Court.
Ime lately on such a Lotice being filed in the Supreme Court, a copy thereof shall be sent to the Court of the district (if any) in which it is alleged the deceased had at the time of his death his