THE HONGKONG GOVERNMENT GAZETTE, 5TH DECEMBER, 1896.
29. No action shall be brought against the Official Ad- ministrator for anything done by him in respect of the ex- ecution or the intended execution of any power vested in him by section 14 or section 19, but any person who feels aggrieved thereby may apply for redress to the Court by summary petition verified upon oath, and the Court may thereupon tako such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the ease requires.
Moda of ob taining redress against action » of Official Ad- ministrator under s. 14 or s. 19. (No. 9 of 1870, S. 6.)
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PART III.
GRANTING AND REVOCATION OF PROBATES, ETC.
Caveat.
30.—(1.) ▲ caveat against the grant of any probate or administration may be lodged in the Registry of the Court. (2.) Subject to any rules or orders made under this Or- dinance, the practice and procedure of the Court in respect of any such caveat shall, as nearly as may be, correspond with the practice and procedure hitherto in use in respect of such caveats.
Executorship.
31. Where any person renounces probate of the will of which he is appointed executor or one of the exccutors, the rights of such person in respect of the executorship shall wholly cense, and the representation of the festator and the administration of his estate shall and may, without any further renunciation, go, devolve, and be committed in like manner as if such person had not been appointed executer.
32. Whenever an executor appointed in a will survives the testator but dies without having taken probate, or, having been cited to take probate, does not appear to such citation, the right of such person in respect of the execu- torship shall wholly cease, and the representation of the tes- tator and the administration of his estate shall go, devolve, and be committed in like manner as if such person had not been appointed executor.
Administration.
33. Where a person dies wholly intestate as to his per- sonal estate or leaving a will affecting personal estate but without having appointed an executor thereof willing and competent to take probate, or where the executor is, at the time of the death of such person, resident out of the Colony, or where it appears to the Court to be necessary or conve- nient to appoint some person to be the administrator of the estate of the deceased person or of any part of such estate, other than the person who, if this Ordinance had not been passed, would by law have been entitled to a grant of admi- nistration of such personal estate, it shall be lawful for the Court, in its discretion, to appoint such person as the Court thinks fit to be such administrator upon his giving such security, if any, as the Court may direct, and every such administration may be limited in such manner as the Court think fits.
34.-(1.) At the expiration of twelve months from the death of any deceased person, if the executor or executors to whom probate of the will has been granted, or the person or persons to whom administration has been granted, is or are residing out of the jurisdiction of the Court, it shall be tawful for the Court, on the application of any creditor, next of kin, or legatee, grounded on an affidavit made for that purpose, to graut such special administration as it may think fit of the estate of such deccased person.
(2.) It shall be lawful for the Court, on application made for that purpose by any person interested, to direct any shares or stock in any joint stock company to be trans- ferred into the name of the Registrar, in trust for such purposes as the Court may direct, in any suit in which the person to whom such special administration has been granted is a party: Provided, nevertheless, that if any executor or administrator of such deceased person, being capable of acting as such, returns to and resides within the jurisdiction of the Court, the Court may, if it thinks fit, revoke such special grant: Provided, also, that if any suit is pending in any Court in relation to the estate of such deceased person, such executor or administrator shall be entitled to be made a party thereto.
Practice as to caveat against
grant. (No. 9 of 1860, 5. 22.)
Effect of executor renouncing probate.
(No. 8 of 1860, 8. 29.)
Effect of
executor n100 taking probato. (No. 8 of 1860, 8. 31.)
Appointment of adminis- trator of intestate's estate. (No. 8 of 1860, E. 30.)
Grant of special administra tion where executor or administrator is out of the jurisdiction. (38 Geo. 3. c. 87 See No. 8 of 1860, 8, 32.)
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