Directory_and_Chronicle_1893 — Page 274

Matine to mentors to come in and

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 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 ben 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.

pleation faster three

Grants by Supreme

on request of Provincial Court.

II disputed or

directions of Supreme to Provincial

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 deceased had at the time of his death his 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 abtful 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 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.

Zvidence to Frand jurisdic-

sïal Court.

*Edentity.

191. The Provincial Court, before proceeding in the matter of

any 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.

Value of property.

Batisfactory swer to

Court's inquiries

dore grant.

192. The Court shall, where it deems it necessary, require proof, in addition to the oath 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 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 answered to its satisfaction.

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

ses in which

195. In the following cases of probate or administration, a grant shall Judge of

not issue except from the Supreme Court under immediate direction of Supreme Court alone may make the Judge, namely:-

gmai

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.