Directory_and_Chronicle_1890 — Page 110

Notice to executors to come in and prova.

Time after death

administration

80

RULES OF SUPREME COURT

as he would be liable to if he were a party to a suit in the Court, and had made like default.

any

186. The Court may of its own motion, or on the application of person claiming an interest under a will, give notice to the executor or executors (if any) therein named, to come in and prove the will or to renounce probate: and the executors or executor so named, or some or one of them, must within fourteen days after notice come in and prove or ⚫renounce accordingly.

I. Probate or Administration in General.

187. Probate or letters of administration with Will annexed shall not won probate or issue until after the lapse of seven days from the death of the deceased, may be granted. except under the direction of the Judge of the Supreme Court, or in case

of great urgency.

Application after three years.

Grants by Supreme

on request of Provincial Court.

Ia disputed or doubtful cases,

directions of Supreme to Pro incial 'Court.

Evidence to tound jurisdic-

cial Court,

Letters of administration (not with Will annexed) shall not issue until after the lapse of fourteen days from the death of the deceased, except under the direction of the Supreme Court, or in case of great urgency.

188. Where probate or administration is, for the first time, applied for after the lapse of three years from the death of the deceased, a grant shall not be made except under the direction of the Judge of the Supreme Court.

189. In any case a grant of probate or administration may be made by the Supreme Court, wheresoever in China or Japan the deceased had at the time of his death his place of abode; but where the decease 1 had at the time of his death bis fixed place of abode in the district of a Provincial Court, the application for the grant shall not be entertained by the Supreme Court, except on the request of the Provincial Court.

190. Where any dispute or question arises in relation to the grant or the application for it, or it appears to the Provincial Court doubtful whether or not the grant should be made,--the Provincial Court shall communicate with the Judge of the Supreme Court, who shall either direct the Provincial Court to proceed in the matter according to such instruc- tions as the Judge thinks fit, or may direct that no further proceeding be taken in the matter by the Provincial Court, but any party concerned may apply for a grant to the Supreme Court itself.

any

191. The Provincial Court, before proceeding in the matter of tion of Provin- application, shall take care to ascertain that the deceased had at the time of his death his fixed place of abode in the district of the Court, and shall not for this purpose consider itself bound to rest satisfied with such evidence as is offered by the person applying for the grant.

Identity.

Value of property.

Batisfactory Answer to

Court's inquiries before grant.

'Cases in which Judge of Bupreme Court alone may make grant.

192. The Court shall, where it deems it necessary, require proof, in addition to the oath of the executor or administrator, of th identity of the deceased or of the party applying for the grant.

193. The Court shall take care to ascertain the value of the property of the deceased as correctly as circumstances admit.

194. In no case shall the Court allow probate or letters of adminis- tration to issue until all inquiries which it sees fit to institute have been answ.red to its satisfaction.

The Court shall, however, afford as great facility for the obtaining of probate or administration as is consistent with du regard to the prevention of error and fraud.

195. In the following cases of probate or administration, a grant shall not issue except from the Supreme Court under immediate direction of the Judge, namely:-

L

Probate, or administration with will annexed, where the will was executed before the 1st day of January, 1838, and there is no testamentary paper of later date than the 31st day of December,

1837.