Notice in nature of -citations.
Procedure in suits for probate or administration.
Custody of original wills,
Official copies and certificates,
Half-yearly returns from Provincial to Supreme Court.
Interpretation of “ the proper Officer,“
Examination of will
66
RULES OF SUPREME COURT
fixed place of abode, and to any other Court to which it appears to the Judge of the Supreme Court expedient to send a copy.
Immediately on such a notice being filed in a Provincial Court, the Court shall send a copy thereof to the Supreme Court, and also to the Court of any other district in which it is known or alleged the deceased had at the time of his death a place of abode.
Such a notice shall remain in force for three months only from the day of filing; but it may be renewed from time to time.
Any such notice shall not affect any grant made on the day on which the notice is filed, or on which a copy of the notice is received, as the case may be.
The person filing such a notice shall be warned by a warning in writing, under the seal of the Court (Form 29), being delivered at the place mentioned in the notice as the address of the person filing the notice.
After such a notice has been filed in a Provincial Court, or after a copy of such a notice has been received by a Provincial Court (as the case may be,) the Provincial Court shall not make a grant of probate or administration, but any grant shall be made only by the Supreme Court, under the immediate direction of the Judge.
198. Notices in the nature of citations shall be given by publication in such newspapers, or in such other manner as the Court, in each case, directs.
199. Suits respecting probate or administration shall be instituted and conducted as nearly as may be in the same manner as suits for claims of 100 dollars and upwards.
200. All original wills, of which probate or administration with will annexed is granted, shall be filed and kept in the public office of the Supreme or other Court from which the grant issues, in such manner as to secure at once the due preservation and the convenient inspection of the same; and no original will shall be delivered out for any purpose without the express and special direction in writing of the Judge of the Supreme Court.
An official copy of the whole or of any part of a will, or an official certificate of a grant of administration, may be obtained from the Supreme or other Court where the will has been proved or the administration granted, on payment of the proper fees.
201. On the first day of February and the first day of August in every year, every Provincial Court shall send to the Supreme Court,-
A list (Form 30) of the grants of probate and administration made by it up to the last preceding first day of January and first day of July respectively, and not included in any previous list.
And, also, a copy, certified by the Provincial Court to be a correct copy, of every will to which any such probate or administration
relates.
II.—Probate and Administration with Will Annexed.
202. In the following rules respecting probate and administration the expression "the proper officer" means, as to the Provinces, the Consul-General, Consul, or Vice-Consul holding and forming a Court;-as to the Supreme Court, such one of the officers attached thereto, as for the time being acts in matters of probate and administration by the authority and under the direction of the Judge.
203. On receiving an application for probate or for administration as to mode of execution with will annexed, the proper officer must inspect the will, and see
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