1971-HKRS30-16-30_Part04 — Page 50

that be has not been served by the citor with notice of any appli- cation for a grant to himself.

(5) If the time limited for appearance has expired and the person cited has not entered an appearance, the citor may-

(a) in the case of a citation under paragraph (1) of this rule, apply to the Registrar for an order for a grant to himself; (b) in the case of a citation under paragraph (2) of this rule, apply to the Registrar for an order that a note be made on the grant that the executor in respect of whom power was reserved has been duly cited and has not appeared and that all his rights in respect of the executorship have wholly ceased:

(c) in the case of a citation under paragraph (3) of this rule, apply to the Registrar by summons (which shall be served on the person cited) for an order requiring such person to take a grant within a specified time, or for a grant to himself or to some other person specificd in the summIODS.

(6) An application under the last foregoing paragraph shall be supported by an affidavit showing that the citation was duly served and that the person cited has not entered an appearance.

(7) If the person cited has entered an appearance but has not applied for a grant under paragraph (4) of this rule, or has failed to prosecute his application with reasonable diligence, the citor may-

(a) in the case of a citation under paragraph (1) of this rule, apply by summons to the Registrar for an order for a grant to himself:

(6) in the case of a citation under paragraph (2) of this rule, apply by summons to the Registrar for an order striking out the appearance and for the endorsement on the grant of such a note as is mentioned in paragraph (5)(5) of this rule:

(c) in the case of a citation under paragraph (3) of this rule, apply by summons to the Registrar for an order requiring the person cited to take a grant within a specified time, or for a grant to himself or to some other person specified in the summons,

and the summons shall be served on the person cited.

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47. (1) A citation to propound a will shall be directed to the executors named in the will and to all persons interested thereunder, and may be issued at the instance of any citor having an interest contrary to that of the executors or such other persons.

(2) If the time limited for appearance has expired and no person cited has entered an appearance, or if no person who has appeared proceeds with reasonable diligence to propound the will, the citor may apply on motion for an order for a grant as if the will were invalid

48. All caveats, citations, warnings and appearances shall contain an address for service within the jurisdiction.

49. (1) An application under section 7(1) of the Ordinance for an order requiring a person to bring in a will or to attend for examination may be made to a judge by summons, which shall be served on every such person as aforesaid.

(2) An application under section 7(3) of the Ordinance for the issue by the Registrar of a subpoena to bring in a will shall be supported by an affidavit setting out the grounds of the application, and if any person served with the subpoena denies that the will is in his possession or control be may file an affidavit to that effect.

51. An application for an order for

(a) a grant of administration under section 36 of the

Ordinance, or

(6) a grant of administration ad colligenda bona,

may be made to the Registrar, and shall be supported by an affidavit setting out the grounds of the application.

52. An application for leave to swear to the death of a person in whose estate a grant is sought may be made to the Registrar and shall be supported by an affidavit setting out the grounds of the application and containing particulars of any policies of insurance effected on the life of the presumed deceased.

53. (1) An application for an order admitting to proof a nuncupative will, or a will which it is claimed is valid according to the provisions contained in the Wills Ordinance or a will contained in a copy, a completed draft, a reconstruction or other evidence of its contents where the original will is not available. may be made to the Registrar:

Citation to propound a will.

Address for service.

Application for order to bring

in a will or to attend for examination.

Grants of administration under dis- cretionary powers of court, and Brants ad colligenda bona.

Applications for leave to swear to death.

Grants in respect of nuncupative wills and of copies of wills.

(CAD, 30.0