Directory_and_Chronicle_1912 — Page 474

RULES OF SUPREME COURT IN CHINA

deceased, a grant shall not be made except under the direction of the Supreme Court.

445

290.--(1.) A Provincial Court, before proceeding on an application Evidence to shall ascertain where the deceased was resident at the time of his death, berea

be required by Court. and whether he was possessed of property within the jurisdiction of the Court, and shall not for this purpose consider itself bound to rest satisfied with the evidence offered by the applicant.

(2) The Court shall require evidence, in addition to that offered by the applicant, of the identity of the deceased, or of the applicant, where additional evidence in that behalf seems to the Court necessary or desirable.

(3.) The Court shall ascertain the value of the property of the deceased as correctly as circumstances allow.

(4.) In no case shall the Court issue probate or letters of adminis- tration until all inquiries which the Court sees fit to institute have been answered to its satisfaction.

(5.) The Court shall, however, afford as great facility for the obtain- ing of probate or administration as is consistent with due regard to the prevention of error and fraud.

291. In the following cases a grant shall not be made by a Provincial when grant Court, except under the direction of the Supreme Court, namely:-

(a.) Probate or administration with will annexed, where the will is the will of a married woman;

(b.) Administration for the use or benefit of a minor or infant or of a lunatic;

(c.) Administration (with or without will annexed) of the property of a bastard dying either a bachelor or a spinster, or a widower or widow without issue, or of a person dying without known relative;

(d.) Administration to be granted to a person not resident.

(e.) Probate or administration in the case of a person dying else- where than in China or Corea.

(f) Probate or administration in the case of a person who at the time of his death was not ordinarily resident within the particular jurisdiction.

(g.) Probate or administration limited to specified property of the deceased or for a special period.

not to issue from Pro-

vincial Court.

alteration of

292. Revocation or alteration of a grant of probate or administration Revocation or shall not be made by a Provincial Court except under the immediate graut by Pro direction of the Supreme Court.

vincial Court.

293.-(1.) A notice to prohibit a grant of probate or administration Objections to may be filed in the Supreme or a Provincial Court,

grant of pro- bate.

(2.) Immediately on such a notice being filed in the Supreme Court Form 112, a copy thereof shall be sent to the Court of the district (if any) in which it is alleged the deceased was resident at his death, and to any othe Court to which it appears expedient to send a copy.

(3.) Immediately on such a notice being filed in a Provincial Court that 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 bad at his death place of abode.

(4.) The notice shall remain in force for three months only from the day of filing, but it may be renewed from time to time.

(5.) The notice shall not affect a grant made on the day on which the notice is filed or on which a copy thereof is received, as the case may be.

(6.) The person filing the notice shall be warned by a warning in Form 113. writing under the seal of the Court delivered at the place mentioned in the notice as his address,