Directory_and_Chronicle_1915 — Page 451

458

Administra.

tion with will annexed.

Form 106.

Power of

revocation to be reserved.

Limitations.

Petition for probate or administration. Forms 95, 96, 102, and 103.

If no appear- ance to citation grant may issue.

Forms 104 and 105.

Appearance to citation.

Notice to

executors to come in aud

prove.

Reference to Supreme Court.

Administra- tion bond. Form 109.

Time for passing accounts.

Commission to

administrators.

RULES OF SUPREME COURT IN CHINA

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

power is

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

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

280. As soon as convenient after the death the executor or executors named in the will or the next-of-kin or other person desiring administration. may file a petition in the Court, and thereupon the Court shall issue a citation, which may either be posted up in some public place, or advertised in such newspapers in China or Corea or elsewhere as the Court shall think necessary to insure due publicity.

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

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

283. The Court may, of its own motion or on the application of any 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.

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

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

285. Before any administration is granted the person to whom it is to be committed shall enter into a bond, with or without sureties, in double 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.

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

per

cent.

287. The Court may, in its discretion, allow to any executor or executors and administrator such a commission, not exceeding in the whole 5

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 bis accounts or to perform any other duty attaching to his office as such executor or administrator within the time fixed by the Court.

Interest to be charged to

negligent

288. In the event of any executor or administrator neglecting to file his accounts or to perform any duty within the time fixed by the Court, executors and 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.