852
No. 2 of 1897.
Payment of
PROBATES.
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 action 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.
35. The costs incurred by granting any such special administration shall be paid by such person or out of such fund as the Court may direct, and the costs incurred by proceeding in any action against any such administrator shall be paid by such person or out of such fund as the Court in which the action is pending may direct.
Case of infant being sole executor.
[38 Geo. III c. 87, s. 6.]
[ib. s. 7.]
Prohibition of executor acting pending administration.
[20 & 21 Vict, c. 77 s. 75.]
Appointment of administrator pendente lite.
[ib. s. 70.]
36.-(1) Where an infant is sole executor of any deceased person, administration with the will annexed shall be granted to the guardian of such infant, or to such other person as the Court may think fit, until such infant has attained the full age of 21 years, at which period, and not before, probate of the will shall be granted to him.
(2) The person to whom such administration is granted shall have the same powers vested in him as an administrator now has by virtue of an administration granted to him durante minore ætate of the next of kin.
37. After any grant of administration, no person shall have power to sue or prosecute any action, or otherwise to act as executor of the deceased person, as to the personal estate comprised in or affected by such grant of administration, until such administration has been recalled or revoked.
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 any grant of administration, the Court may appoint an administrator 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.
Page 10
Page 11
852
No. 2 of 1897.
Payment of
PROBATES.
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 action 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.
35. The costs incurred by granting any such special adminis- costs relating tration shall be paid by such person or out of such fund as the Court to special ad- ministration. may direct, and the costs incurred by proceeding in any action. against any such administrator shall be paid by such person or out of such fund as the Court in which the action is pending may direct.
Case of infant being sole executor.
138 Geo. III
c. 87, s. 6.]
[ib. s. 7.]
Prohibition
of executor
acting pend- ing adminis-
tration.
120 & 21 Fict,
c. 77 s. 75.]
Appointment of administra-
for pendente
lite.
[ib. s. 70.]
36.-(1) Where an infant is sole executor of any deceased person, administration with the will annexed shall be granted to the guardian of such infant, or to such other person as the Court may think fit, until such infant has attained the full age of 21 years, at which period, and not before, probate of the will shall be granted to him.
(2) The person to whom such administration is granted shall have the same powers vested in him as an administrator now has by virtue of an administration granted to him durante minore ætate of the next of kin. ·
37. After any grant of administration, no person shall have power to sue or prosecute any action, or otherwise to act as executor of the deceased person, as to the personal estate comprised in or affected by such grant of administration, until such administration has been recalled or revoked.
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 any grant of administration, the Court may appoint an administrator 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 distri buting the residue of such estate.
(3) Every such administrator shall be subject to the immediate control of the Court and act under its direction.
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