D. 1897.]
PROBATES.
[No. 2.
$299
Administration pendente lite.
38.(1.) Pending any action touching the validity of the will of any deceased person, or for obtaining, recalling, or revoking any probate or grant of administration, the Court may appoint an administrator pendente lite of the estate of such deceased person.
(2.) The administrator so appointed shall have all the rights and powers of a general administrator, other than the right of distributing the residue of such estate.
(3) Every such administrator shall be subject to the immediate control of the Court and act under its direction.
of 20 & 21 Vict. c. 77 s. 70.
39. All the provisions of the last preceding section relating to grants of administration pending action shall be deemed to apply to the case of appeal to Her Majesty-in-Council from any decision of the Court.
Administration Bond.
40. Every person (other than the Official Administrator) to whom a grant of administration is committed shall, unless the Court otherwise directs, give a bond, with (if the Court requires) one or more surety or sureties, conditioned for duly collecting, getting in, and administering the estate of the deceased person, and the bond shall be in such form as the Judge may from time to time direct: Provided that it shall not be necessary for the Captain Superintendent of Police, when applying for or obtaining administration of the estate of a person dying whilst employed in the Police Force, as hereinafter provided, to give any such bond as aforesaid.
41. Every such bond shall be in a penalty of double the amount under which the estate of the deceased person is sworn, unless the Court in any case thinks fit to direct the same to be reduced, in which case it shall be lawful for the Court to do so; and the Court may also direct that more bonds than one shall be given so as to limit the liability of any surety to such amount as the Court thinks reasonable.
Revocation of Grant.
42. When any probate or administration is revoked, all payments bona fide made to any executor or administrator under such probate or administration before the revocation thereof shall be a legal discharge to the person making the same, and the executor or administrator who having acted under any such revoked probate or administration may retain and reimburse himself in respect of any payments made by him subsequent to such revocation:
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Page 11
D. 1897.]
PROBATES.
f
[No. 2.
$299
Administration pendente lite.
of adminis- trator
38.(1.) Pending any action touching the validity of the will of any Appointment leceased person, or for obtaining, recalling, or revoking any probate or my grant of administration, the Court may appoint an administrator pendente lite.
the estate of such deceased person.
:
(2.) The administrator so appointed shall have all the rights and owers of a general administrator, other than the right of distributing the residue of such estate.
(3) Every such administrator shall be subject to the immediate control of the Court and act under its direction.
of
20 & 21 Pict. c. 77 s. 70.
tion pending
39. All the provisions of the last preceding section relating to grants Administra- administration pending action shall be deemed to apply to the case n appeal to Her Majesty-in-Council from any decision of the Court.
Administration Bond.
appeal.
40. Every person (other than the Official Administrator) to whom Bond to be
given by administrator. my grant of administration is committed shall, unless the Court
herwise directs, give a bond, with (if the Court requires) one or more. 76. s. 81. Surety or sureties, conditioned for duly collecting, getting in, and administering the estate of the deceased person, and the bond shall be m such form as the Judge may from time to time direct: Provided that shall not be necessary for the Captain. Superintendent of Police, when pplying for or obtaining administration of the estate of a person dying hilst employed in the Police Force, as hereinafter provided, to give any such bond as aforesaid.
bond.
41. Every such bond shall be in a penalty of double the amount Amount of
Ib, s. 82. under which the estate of the deceased person is sworn, unless the Court In any case thinks fit to direct the same to be reduced, in which case it hall be lawful for the Court to do so; and the Court may also direct that more bonds than one shall be given so as to limit the liability of any surety to such amount as the Court thinks reasonable.
:
Revocation of Grant.
payments made under
probate or
42. When any probate or administration is revoked, all payments Validation of ona fide made to any executor or administrator under such probate or dministration before the revocation thereof shall be a legal discharge the person making the same, and the executor or administrator who ing acted under any such revoked probate or administration may retain quently and reimburse himself in respect of any payments made by him which 16. s. 77,
tion subse
revoked:
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