Directory_and_Chronicle_1892 — Page 290

Notice to executors to came in and

prove.

Time after death

administration

232

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.

186. The Court may of its own motion, or on the application of any 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 prebate; 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 when probate er 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

en request of

Provincial Court.

In disruted or

directions of

Bupreme to Provincial 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 abose; ut where the deceased had at the time of his death his fixed place of abode in the district of a Provincial Court, the application for te 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 doubtful cases, 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 Ju 'ge of he 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 ti at 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 i'self.

Evidence to Shand jurisdia-

onul Provin-

sial Court.

Identity.

Value of property.

Batisfactory

answer to

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

192. The Court shall, where it deems it necessary, require proof, in addition to the cath of the executor or administrator, of the 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 deceas d as correctly as circumstances admit.

194. In no case shall the Court allow probate or letters of adininis- Court's inquiries tration to issue until all inquiries which it sees fit to institute have been

answered to its satisfaction.

before graut.

Onges in which Judge of

The Court shall, however, afford as great facility for the obtaining of probate or administration as is consistent with due regard to the prevent on of erior and fraud.

195. In the foll wing races of probate or administration, a grant shall upreme Court not issue except from the Supreme Court under immediate direction of aloe may make the Judge, namely:--

.. ນາ.

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, 1887.