Directory_and_Chronicle_1913 — Page 460

RULES OF SUPREME COURT IN CHINA

of the Court from which the grant issues, in such manner as to secure at once the due preservation and the convenient inspection of the same.

(2.) No original will shall be delivered out for any purpose without the direction in writing of a Judge of the Supreme Court.

(3.) An office copy of the whole or of any part of a will, or an official certificate of a grant of administration, may be obtained from the Court where the will is proved or the administration granted on payment of the proper fees.

297. During the mouths of January and July in every year, every Lists and Provincial Court shall send to the Supreme Court-

A list of the grants of probate and administration made by the Provincial Court up to the last preceeding 31st of December and 30th of June respectively not included in any previous list;

And a copy, certified by the Court to be a correct copy, of every will to which each probate or administration relates.

Wills.

oopies of grants.

298. Every will or copy of a will to which an executor or adminis- Wills and trator with will annexed is sworn shall be marked by the executor or marked.

copies to be

administrator and by the person before whom he is sworn.

illiterate

299 (1.) Where the testator was blind or illiterate the Court shall Blind or not grant probate or administration with will annexed, unless the Court testator is first satisfied, by proof or by what appears on the face of the will, that the will was read over to the deceased before its execution, or that he had at that time knowledge of its contents.

(2.) Where in a Provincial Court this information is not forthcoming, the Court shall communicate with the Supreme Court for directions.

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erasures, &c.

300.(1.) The Court, on being satisfied that the win was duly Interlineations, executed, shall carefully inspect it to see whether there are any interlinea- tions or alterations or erasures or obliterations appearing in it and requiring to be accounted for.

(2) Interlineations, alterations, erasures, and obliterations are in- valid, unless they existed in the will at the time of its execution, or unless, if made afterwards, they have been duly signed and witnessed in the mode required for a will, or unless they have been made valid by the re- execution of the will, or by the subsequent execution of some codicil thereto

(3.) Where interlineations, alterations, erasures, or obliterations appear in the will unless they are duly signed and witnessed, or recited in or otherwise identified by the attestation clause, an affidavit, in proof of their having existed in the will before its execution, shall be filed.

(4.) If it is not proved at what time an erasure or obliteration was made, and the words erased or obliterated are not entirely effaced, and can, on inspection of the will, be read, they shall form part of the probate. (5.) Where words have been erased which might have been of im- portance, an affidavit shall be required.

(6.) If a Provincial Court has any doubt in regard to any interlinea. tion, alteration, erasure or obliteration, the Court shall communicate with the Supreme Court for directions.

documents.

301.—(1.) Where a will contains such a reference to some other collateral paper as to raise a question whether that paper is not a constituent part of the will, the Court shall require the production of the paper with a view to ascertain whether or not it is entitled to probate, and if it is not produced a satisfactory account of its non-production shall be proved.

(2.) A paper cannot form part of a will unless it was in existence at the time when the will was executed.

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