1901_CODE_OF_CIVIL_PROCEDURE — Page 126

D. 1901.

CODE OF CIVIL PROCEDURE.

[No. 3.

777

questions re- lating to estate of

deceased person or to

0.55 r. 3.

devisee, legatee, next of kin, or heir-at-law of a deceased person, or as u que trust under the trust of any deed or instrument, or as claiming assignment or otherwise under any such creditor or other person as foresaid, may take out, as of course, an originating summons returnable express trust.

Chambers for such relief of the nature or kind following as may by the summons be specified and as the circumstances of the case may re- quire; that is to say, the determination, without an administration of the estate or trust, of any of the following questions or matters -

person claim- (1) any question affecting the rights or interests of the

ing to be creditor, devisee, legatee, next of kin, heir-at-law, or cestui que trust;

:-

(2.) the ascertainment of any class of creditors, devisees, legatees, next.

of kin, or others;

of

(3) the furnishing of any particular accounts by the executors or administrators or trustees, and the vouching, when necessary, such accounts;

(4) the payment into Court of any money in the hands of the execu-

tors or administrators or trustees;

(5.). a direction to the executors or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees;

(6.) the approval of any sale, purchase, compromise, or other transac-

tion: and

;

(7.) the determination of any question arising in the administration

of the estate or trust.

628. Any of the persons mentioned in the last preceding section may in like manner apply for and obtain an order for----

and

(1.) the administration of the personal estate of the deceased person; (2.) the administration of the real estate of the deceased person; (3.) the administration of the trust.

deleted by 10.26/115

26

Making of

order on ori- ginating sum- mons for ad-

ministration of estate of. deceased per-

son or of trust.

Ib. r. 4.

*

629, The persons to be served with the summons under the last two preceding sections in the first instance shall be the following; that is to Persons to be Бау, -

served with originating

(1.) where the summons is taken out by an executor or administrator summons.

or trustee,-

(a.) for the determination of any question under sub-section (1.), (5.), (6.), or (7.) of section 627, the persons, or one of the persons, whose rights or interests are sought to be affected;

(b.) for the determination of any question under sub-section (2.) of

section 627, any member or alleged member of the class; (c.) for the determination of any question under sub-section (3.) of

section 627, any person interested in taking such accounts;

Ib. r. 5.

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