Page 331
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,
633
Page 363
Page 363
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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
ליוטיוב
(NO 8 DE TAGO.
271
درا داده شود
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 spaci administration simll be paid by such perso) or out of sue') fund as the Court may dirost, and the costs incurre i by proceeding in any suit against any such alumistrator sball he paid by such person or out of such fun as the Court in which the suit is pending any direct.
38.-(1) Where an infout is solo executor of any de- censed person, administration with the will annexel shill he 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 nat 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 administra- tor now has by virtue of an administration granted to him durante minore ætate of the next of kin.
37. After any grant of administeation, no persoa suull have power to sue or proscente any suit, or otherwise to act as exocutor of the duco wed person, as to the personal estate comprised in or affected by such grant of administra tion, until such administration has been recalled or revoked.
Administration pendente lite.
381) Pending any snit touching the validity of the will of any deceased person, or for obtaining, recalling, or rovoking any probate or any grant of administration, the Court may appoint au administrator of the estate of such deceased person.
(2) The administrator so appointed shall have all the rights and powers of a general salministrator, 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 net under its direction.
39. All the provisions of the last preceding soetion 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 Ofein! Administrator) to whom any grant of administration is committed shail, unless the Court otherwise directs, give a hond, with (if the Court requires) one or more surety or sureties, con- ditioned for duly collecting, getting in, and wiministering the estate of the deceased person, and the boud shalt be in such form as the Judge may from time to time direct: Provided that it shall not be necessary for the Captain Su- perintendent of Police, when applying for or obtaining admi nistration 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 tho amount under which the estate of the decraseid person is sworn, unless the Court in any ease thinks fit to direct the samo to be reduced, in which case it sill 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 amonir as the Court thinks reasonable.
Revocation of Grant.
42. When any prolate or administration is revoked, ali payments bona fide made to any executor er alministrator under sur probate or administration before the revocation thereof shall be a logul discharge to the person making the same, and the executor or administrator who has acted under any such revoked probate or administration may remin and reimburse himself in respect of any paynients made by him which the person to whom probate or admin- istration is afterwards granted might have lwfally made.
43. All persons making or permitting to be made any payment or transfer bonâ fide upon any piolate or adminds. tration granted in respect of the estate of any drecased per- son shall be indemnified and protected in so doing, not with- standing any defect or other thing whatsoever allecting the validity of such prebate or administration,
633
6
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