466
An executor not acting or subject to a citation to be treated as if he had renounced.
Provisions of 38 Geo. III. c. 87 extended to all cases of executors and administrator residing out of jurisdiction. [* Thirty-eighth.]
After grant of administration no person to have power to sue as an executor.
Revocation of temporary grants not to prejudice actions or suits.
ORDINANCE No. 8 OF 1860.
Probate and Administration.
Court to be necessary or convenient to appoint some person to be the administrator of the personal estate of the deceased or of any part of such personal estate, other than the person who if this Ordinance had not been passed would by law have been entitled to a grant of administration of such personal estate, it shall be lawful for the Court, in its discretion, to appoint such person as the Court shall think fit to be such administrator upon his giving such security (if any) as the Court shall direct and every such administration may be limited as the Court shall think fit.
31. Whenever an executor appointed in a will survives the testator but dies without having taken probate or being cited to take probate does not appear to such citation the right of such person in respect of the executorship shall wholly cease and the representation to the testator and the administration of his effects shall go, devolve, and be committed in like manner as if such person had not been appointed executor.
*
32. The provisions of an Act passed in the twenty-eighth year of His Majesty King George the Third, chapter eighty-seven, shall be extended to all executors and administrators residing out of the jurisdiction of Her Majesty's said Supreme Court of Hongkong whether it be or be not intended to institute proceedings on the Equity side of the said Supreme Court and it shall be lawful to alter the language of the grant prescribed by the said Statute so as to make it apply to grants made in the said Supreme Court in its Probate Jurisdiction under this Ordinance.
33. After any grant of administration, no person shall have power to sue or prosecute any suit, or otherwise act as executor of the deceased, as to the personal estate comprised in or affected by such grant of administration, until such administration shall have been recalled or revoked.
34. Where before the revocation of any temporary administration any proceedings at Law or in Equity have been commenced in the said Supreme Court by or against any administrator so appointed, the Court in its Probate Jurisdiction may order that a suggestion be made upon the record of the revocation of such administration, and of the grant of probate or administration which shall have been made consequent thereupon, and that the proceedings shall be continued in the name of the new executor or administrator in like manner as if the proceeding had been originally commenced by or against such new executor or administrator but subject to such conditions and variations if any as the Court may direct.
466
An executor not acting or
to a citation to be treated as if he had renounced.
Provisions of 38 Geo. III. c. 87 extend-
ed to all cases of executors and adminis- trator resid- ing out of jurisdiction. [* Thirty- righth.]
After grant
of adminis-
tration no person to
have power to sue as an executor.
Revocation of temporary grants not to. prejudice ac- tions or suits.
ORDINANCE No. 8 OF 1860.
Probate and Administration.
Court to be necessary or convenient to appoint some person to be the ad- ministrator of the personal estate of the deceased or of any part of such personal estate, other than the person who if this Ordinance had not been passed would by law have been entitled to a grant of administration of such personal estate, it shall be lawful for the Court, in its discretion, to appoint such person as the Court shall think fit to be such administrator upon his giving such security (if any) as the Court shall direct and every such administration may be limited as the Court shall think fit.
31. Whenever an executor appointed in a will survives the testator but dies without having taken probate or being cited to take probate does not appear to such citation the right of such person in respect of the executorship shall wholly cease and the representation to the testator and the administration of his effects shall go, devolve, and be committed in like manner as if such person had not been appointed executor.
*
32. The provisions of an Act passed in the twenty-eighth year of His Majesty King George the Third, chapter eighty-seven, shall be ex- tended to all executors and administrators residing out of the jurisdiction of Her Majesty's said Supreme Court of Hongkong whether it be or be not intended to institute proceedings on the Equity side of the said Su- preme Court and it shall be lawful to alter the language of the grant. prescribed by the said Statute so as to make it apply to grants made in the said Supreme Court in its Probate Jurisdiction under this Ordinance.
33. After any grant of administration, no person shall have power to sue or prosecute any suit, or otherwise act as executor of the deceased, as to the personal estate comprised in or affected by such grant of ad- ministration, until such administration shall have been recalled or revoked.
34. Where before the revocation of any temporary administration any proceedings at Law or in Equity have been commenced in the said Supreme Court by or against any administrator so appointed, the Court in its Probate Jurisdiction may order that a suggestion be made upon the record of the revocation of such administration, and of the grant of probate or administration which shall have been inade consequent there- upon, and that the proceedings shall be continued in the name of the new executor or administrator in like manner as if the proceeding had been originally commenced by or against such new executor or administrator but subject to such conditions and variations if any as the Court may direct.
No comments yet.
Private notes are available after approval.