Directory_and_Chronicle_1907 — Page 425

352

Interpretation of "the proper officer."

will as to mode

of execution.

RULES OF SUPREME COURT

A list 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.

An 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 Examination of with will annexed, the proper officer must inspect the will, and see whether it appears to be signed by the testator, or by soine other person in his presence and by his direction, and subscribed by two witnesses, according to the provisions of the Acts of Parliament, 7 Will. 4, & 1 Vict. c. 26 sec. 9, and 15 & 16 Vict. c. 24 sect. 1, and in no case may he proceed further if the will does not appear to be so signed and subscribed.

Examination attestation clause.

204. If the will appears to be signed by or for the testator, and subscribed by two witnesses, the officer must then refer to the attestation clause (if any), and consider whether the wording thereof shows the will to have been in fact executed in accordance with the provisions of the said Acts.

205. If there is no attestation clause to the will,—or if the attestation Proof of exeen clause thereto is insufficient,-the officer must require an affidavit from at tion scoording

least one of the subscribing witnesses, if either of them is living, to prove that the will was in fact executed in accordance with the provisions of the said Acts.

to Acts of Parliament.

The affidavit must be engrossed and form part of the probate, so that the probate may be a complete document on the face of it.

If on perusal of the affidavit it appears that the will was not in fact executed in accordance with the provisions of the said Acts, the officer must refuse probate.

If on perusal of the affidavit it appears doubtful whether or not the will was in fact executed in accordance with the provisions of the said Acts, the officer must lay a statement of the matter before the Judge of the Supreme Court for his directions.

If both the subscribing witnesses are dead,—or if from other circum- stances no affidavit can be obtained from either of them,-resort must bo had to other persons (if any) who were present at the execution of the will; but if no affidavit of any such other person can be obtained, evidence on oath must be procured of that fact, and of the handwriting of the deceased and of the subscribing witnesses, and also of any circumstances that may raise a presumption in favour of the due execution of the will. 206. The officer shall not allow probate of will, or administration Will of testator with the will annexed, of any blind person, or of any obviously illiterate or ignorant person, to issue, unless he has previously satisfied himself, by what appears on the face of the will or by evidence on oath, that the will was read over to the deceased before its execution, or that the deceased had at the time knowledge of its contents.

blind, obviously illiterate, or

ignorant.

Interlineations, alterations,

erasures, or obliterations,

Where information is not forthcoming, the officer must commu- nicatewith the Judge of the Supreme Court.

2 07. Having satisfied himself that the will was duly executed, the officer must carefully inspect the same to see whether there are any interlineations or alterations or erasures or obliterations appearing in it, and requiring to be accounted for.

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