Directory_and_Chronicle_1909 — Page 465

IN CHINA AND COREA

tion with will

277. Letters of administration with will annexed may be granted Administra in the case of persons who shall die leaving a will in which no executor is annexed. named resident within the jurisdiction of the Court, or where the executors Form 106. shall not appear on citation, or shall renounce or from any legal disability are not competent to take out probate.

revocation to

278. When administration with will annexed is granted, full power is Power of to be reserved to revoke the administration and grant probate to any be reserved. exccutor who shall appear and demand it.

279. All probates and administrations must be limited to property of Limitations. the deceased existing within the limits of the Principal Order.

365

280. As soon as convenient after the death the executor or executors Petition for

probate or named in the will or the next-of-kin or other person desiring administration administration. may file a petition in the Court, and thereupon the Court shall issue a Forms 95, 96, citation, which may either be posted up in some public place, or advertised 102, and 103. in such newspapers in China or Corea or elsewhere as the Court shall think necessary to insure due publicity.

ance to citation

281. If no person appears to the citation, the Court may, after the If no appear- expiration of ten days from the date of publication of the citation if in China grant may or Corea, or if elsewhere then within such reasonable time as the Court shall issue. appoint, proceed to grant probate or administration, as the case may be.

104

282. If any person appears to the citation, the Court shall fix a day Forms for the consideration of the claims of the several applicants.

citation.

283. The Court may, of its own motion or on the application of any Appearance to person claiming an interest under a will, give notice to the executors (if any) therein named to come in and prove the will or to renounce probate, and they, or some or one of them, shall within fourteen days notice come in and prove or renounce accordingly.

executors to

284. Where in a Provincial Court a dispute or question arises in Notice to relation to the grant or the application for it, or it appears to the Court come in and doubtful whether or not the grant should be made, the Court shall prove. communicate with the Supreme Court.

Supreme

The Supreme Court shall either direct the proceedings of the Reference to Provincial Court in the matter, or shall by order remove the matter Court. to the Supreme Court.

tion bond.

285. Before any administration is granted the person to whom it is to Administra- be committed shall enter into a bond, with or without sureties, in double Form 109. the amount of the sworn gross value of the estate, unless the Court shall think fit for any reason to diminish the amount. The bond shall be conditioned to make an inventory of the property of the deceased, to exhibit such inventory in the Court, to well and truly administer the estate, and to make an account of the administration when required to do so; such bond is to be deposited with the Court.

Time for

fix a passing

286. The Court, on granting letters of administration, may fix a certain time for the administrator to pass his accounts.

accounts.

executors and

287. The Court may, in its discretion, allow to any executor or Commission to administrator such a commission, not exceeding in the whole 5 per cent. administrators. calculated on the assets, as may be a reasonable compensation for his loss of time and trouble, but no allowance shall, under any circumstances, be made to any executor or administrator who shall neglect to file his accounts or to perform any other duty attaching to his office as such executor or administrator within the time fixed by the Court.

charged to

288. In the event of any executor or administrator neglecting to file Interest to be his accounts or to perform any duty within the time fixed by the Court, negligent the Court may charge him or them with interest at the current rate on administrators all moneys belonging to the estate then in his or their hands.

executors and

Application

289. Where application for probate or administration is, for the first for probate, time, made to a Provincial Court after three years from the death of the three years.

&c., after

Page 465Page 466