Application la
cases of partial Intestacy.
1924. c. 23, 2, 43,
8
from the service of such notice on him apply to the court to prohibit the appropriation.
(5) Unless the court on an application made to it under sub- section (4) otherwise directs, and appropriation made pursuant to this section shall bind all persons interested in the residuary estate of the intestate under this Ordinance.
(6) Where the surviving husband or wife is a personal repre- sentative the powers conferred by this section may be exercised in his or her own favour.
(7) An appropriation made under this section shall be satis- faction, to the amount of the value of the personal chattels appro- priated, of the net sum of twenty-five thousand dollars or one hundred thousand dollars, as the case may be, payable to the surviving husband or wife or that sum diminished in accordance with section 8, and interest on that sum.
(8) If the surviving husband or wife is a person of unsound mind the right under this section may be exercised on behalf of such husband or wife by the guardian or committee of such husband or wife.
(9) The exercise of the right under this section by a surviving husband or wife who is an infant shall be as valid and binding as it would be if the surviving husband or wife were of age.
8. (1) Where any person dies leaving a will effectively dis- posing of part of his property or any interest therein, this Ordin- ance shall have effect as respects the part of his property, not so disposed of subject to the provisions contained in the will and subject further to the following modifications
(a) where the deceased leaves a husband or wife who acquires any beneficial interests under the will of the deceased (other than personal chattels specifically be- queathed) the references in this Ordinance to the net sum of twenty-five thousand dollars or one hundred thousand dollars, as the case may be, payable to a surviving husband or wife, and to interest on that sum, shall be taken as references to the said sum diminished by the value at the date of death of the said beneficial interests. and to interest on that sum as so diminished and, accord- ingly, where the said value exceeds the said sum, this Ordinance shall have effect as if references to the said sum, and interest thereon, were omitted:
(b) the requirements of section 5 as to bringing property into account shall apply to any beneficial interests acquired
by any issue of the deceased under the will of the de- ceased, but not to beneficial interests so acquired by any
other person.
(2) References in subsection (1) to beneficial interests ac- quired under a will shall be construed as including a reference to a beneficial interest acquired by virtue of the exercise by the will of a general power of appointment, but not of a special power of appointment,
(3) For the purposes of subsection (1) the personal represent- atives shall employ a duly qualified valuer in any case where such employment may be necessary,
Personal
Trustee of residuary estate.
9. Subject to bis rights and powers for the purposes of administration the personal representative of any person dying representative intestate shall be a trustee for the persons beneficially entitled under this Ordinance in respect of the residuary estate of the deceased unless it appears from the will, if any, of the deceased that be is to take the residuary estate beneficially.
10. (1) References to any Statutes of Distribution in an instrument inter vivos made, or in a will coming into operation. after the commencement of this Ordinance shall, unless the context otherwise requires, be construed as references to this Ordinance; and references in such an instrument or will to statutory next- of-kin shall, unless the context otherwise requires, be construed as referring to the persons who take beneficially on an intestacy under this Ordinance.
(2) Trusts declared by reference to any Statutes of Distribu- tion in an instrument inter vivos made, or in a will coming into operation, before the commencement of this Ordinance shall. unless the contrary thereby appears, be construed as referring to the law relating to the distribution of effects of intestates which was in force immediately before the commencement of this Ordinance.
11. (1) Nothing in this Ordinance shall be taken to affect the application of the provisions of Part II of the New Territories Ordinance to land to which Part il of that Ordinance applies and which has not been exempted by the Governor under subsection (2) or (3) of section 7 of that Ordinance from the provisions of Part of that Ordinance and the said provisions shall continue to apply to such land to the same extent and with the same effect as if this Ordinance had not been enacted.
(2) Land to which this section applies shall continue to de- volve upon intestacy in like manner as it would have devolved if this Ordinance had not been passed.
1830, o. 40. x.),
Construction
of documents. 1928, c. 23, v. $0.
Land to which Part II of the New Territories Ordinance applies.
(Cup. 97.)
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