29. No nation shall be brought to the Official Administrator for anything done by him in respect of the execution or the intended execution of any power vested in him by section 14 or section 19, but any person who feels aggrieved thereby may apply for redress to the Court by summary petition verified upon oath, and the Court may thereupon take such evidence as it thinks fit, and may make such order in relation to the matter which the justice of the case requires.
PART III
GRANTING AND REVOCATION OF PROBATES, ETC.
Caveat.
30.-(1.) A caveat against the grant of any probate or administration may be lodged in the Registry of the Court.
(2.) Subject to any rules or orders made under this Ordinance, the practice and procedure of the Court in respect of any such caveat shall, as nearly as may be, conform with the practice and procedure hitherto in use in respect of such caveats.
Executorship.
31. Where any person renounces probate of the will of which he is appointed executor or one of the executors, the rights of such person in respect of the executorship shall wholly cease, and the representation of the testator and the administration of his estate shall and may, without any further renunciation, go, devolve, and be committed in like manner as if such person had not been appointed executor.
32. Whenever an executor appointed in a will survives the testator but dies without having taken probate, or, having been cited to take probate, does not appear to such citation, the right of such person in respect of the executorship shall wholly cease, and the representation of the testator and the administration of his estate shall go, devolve, and be committed in like manner as if such person had not been appointed executor.
Administration.
33. Where a person dies wholly intestate as to his personal estate or leaving a will affecting personal estate but without having appointed an executor thereof willing and competent to take probate, or where the executor is, at the time of the death of such person, resident out of the Colony, or where it appears to the Court to be necessary or convenient to appoint some person to be the administrator of the estate of the deceased person or of any part of such estate, other than the person who, if this Ordinance had not been passed, would by law have been entitled to a grant of administration of such personal estate, it shall be lawful for the Court, in its discretion, to appoint such person as the Court thinks fit to be such administrator upon his giving such security, if any, as the Court may direct, and every such administration may be limited in such manner as the Court thinks fit.
34.-(1.) At the expiration of twelve months from the death of any deceased person, if the executor or executors to whom probate of the will has been granted, or the person or persons to whom administration has been granted, is or are residing out of the jurisdiction of the Court, it shall be lawful for the Court, on the application of any creditor, next of kin, or legatee, grounded on an affidavit made for that purpose, to grant such special administration as it may think fit of the estate of such deceased person.
(2.) It shall be lawful for the Court, on application made for that purpose by any person interested, to direct any shares or stock in any joint stock company to be transferred into the name of the Registrar, in trust for such purposes as the Court may direct, in any suit in which the person to whom such special administration has been granted is a party: Provided, nevertheless, that if any executor or administrator of such deceased person, being capable of acting as such, returns to and resides within the jurisdiction of the Court, the Court may, if it thinks fit, revoke such special grant: Provided, also, that if any suit is pending in any Court in relation to the estate of such deceased person, such executor or administrator shall be entitled to be made a party thereto.
Trust against Fraud
(No. 8 of 1862, s.22)
Amendment
(No. of 1960, s.51-1)
Amendment
(No. 20 of 197#, s.3)
Amendment
(No. of 1960, s.32-1)
632
1
こ
29. No nation shall be brought a pabust the Official A 1- sainistrator for anything done by him i rasport of the ex- contion or the interlul expention of any power vostel in bin by section 14 or section 19, hat any pareva wh› feels aggrieved thereby may apply for relross to the Court by summary petition verified upon oath, and the Court may thereupon taks such evidien as it thinks it, and may mke aur order in relation to the matter which the justin
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of in? AG-
-
under a 14
186,95 387",
B-5.1
of the case requiros.
PART III
GRANTING AND REVOCATION OF PROBATES, ETC.
Caveat.
30.-(1.) A excent against the grant of any probate or administration may be lodged in the Registry of the Court.
(2.) Subject to any rules or orders inade under this O2- dinance, the practice nu 1 poore lure of the Court in respost of any such come shrill, as nearly as my he, euresp vai with the practice and prozed ro hitherto in use in respint of such events.
Executorship.
31. Where any persoa ren ›ance, pribute of the will of which he is appointul excentor or ons of the exemttors, th rights of such person in respect of the executorship shall wholly cease, dad the representation of the testator and the administration of his estate shall and may, without any further renunciation, go, devolve, and bo committed ia liko manner as if such person had not been appointed executor,
32. Whenever sa executor appointe 1 in a will survive. the testator but dies without having taken probite, or, having been cited to take probate, does not appear to such citation, the right of such person in respect of the exeen- torship shail wholly cease, and the representation of the tes- tator and the administration of bis estate shall go, duvalve, and be committed in like manner as if such person had not been appointed executor,
Administration,
33. Where a person dies wholly intestato as to his per- sonal estate or leaving a will affecting personal estate bat without having appointed an oxecutor thereof willing and competent to take probate, or where the executor is, at the time of the death of such person, resident out of the Colony, or where it appears to the Court to be necessary or conve- nient to appoint smne person to be the administrator of the estate of the deceased person or of any part of such estate, other than the person who, if this Ordinance had not been passed, would by law have been entitled to a grant of ulmi- nistration of such personal estate, it shall be lawful for the Comer, in its discretion, to appoint sneh person as the Court thinks fit to be such administrator upon his giving such security, if any, as the Court may direct, and every such administration may be luited in such manner as the Court thinks fit.
34.-(1.) At the expiration of twelve months from the death of any deceased person, if the excentor or excentors to whom probate of the will has been granted, or the persen or persons to whom administration has been grantel, is or are residing out of the jurisdiction of the Court, it shall be lawful for the Court, on the application of any eroditor, next of kin, or legatee, gronaded on an affidavit made for that purpose, to graut such special administration as it may think fit of the estate of such decensed person.
(2.) It shall be lawful for the Court, on application made for that purpose by any person interested, to direct any shares or stock in any joint stock company to be trans- ferrel into the name of the Registrar, in trust for such purposes as the Court may direct, in any suit in which the person to whom such special administration has been granted is a party: Provided, nevertheless, that if any executor or administrator of such deceased person, being expable of acting as such, returas to and residos within the jurisdiction of the Court, the Court may, if it thinks it, revoke surh special grant: Provided, also, that if any suit is pending in any Court in relation to the estate of such decorised person. soch excentor or administrator shali bo entitled to be made * party theruto,
Tratto great gainst Frazv
(No. 8 of barn, *.22)
ETart of
KİNEMAY
produtos
s of 1960.
Hent f
rawler aut Taking
(No. of 1960, 2.51-1
Apentotarkt
of adminia- FFALOT of intratate's
(20 of 197 #. 3)
Great f Special
-tits- then schiere
or cost of him
jurisdiccion €39 (+6, 3, .9% Ker No. of 1860, 4.32.1
632
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