Directory_and_Chronicle_1906 — Page 404

328

Revocation or

alteration of

grant.

Notice to

prohibit grant.

Notices in nature of citations.

Procedure in

RULES OF SUPREME COURT

Probate, or administration with will annexed, the will being simply an execution of a special power, or being the will of a married woman made by virtue of power:

Administration for the use or benefit of a minor or infant, or a

lunatic or person of unsound mind:

Administration (with or without will annexed) of the property of a bastard dying a bachelor or spinster, or dying a widower or widow without issue, or of a person dying without known relative: Limited administration:

Administration to be granted to a person not resident within China

or Corea.

196. Revocation or alteration of a grant of probate or administration shall not be made except by the Supreme Court, under the immediate direction of the Judge.

197. A. notice to prohibit a grant of probate or administration may be filed in the Supreme Court, or in any Provincial Court.

Immediately on such a notice being filed in a Provincial Court, a cɔpy thereof shall be sent to the Court of the district (if any) in which it is alleged the deceased had at the time of his death his 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 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 adminis- tration, 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 suits for probate and conducted as nearly as may be in the same manner as suits for claims

of 100 dollars and upwards.

or administra.

tion.

Custody of original wills.

Official copies

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 and certificates. 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.

Half-yearly

returns from Provincial to

201. On the first day of February, and the first day of August in Supreme Court. every year, every Provincial Court shall send to the Supreme Court,-