1912_PROBATES_ORDINANCE__1897 — Page 9

PROBATES.

No. 2 of 1897.

851

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and the representation of the testator 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 executor.

executor not

T21 & 22 Vict.

32. Whenever an executor appointed in a will survives the Effect of testator but dies without having taken probate, or, having been taking cited to take probate, does not appear to such citation, the right of probate. such person in respect of the executorship shall wholly cease, and c.95 s. 16.j the representation of the testator 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.

of adminis-

intestate's

120 & 21 Vict. c. 77 s. 73.]

33. Where a person dies wholly intestate as to his personal Appointment estate or leaving a will affecting personal estate but without having trator of appointed an executor thereof willing and competent to take estate. 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 convenient 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 administration 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, on his giving such security, if any, as the Court may direct, and every such administration may be limited in such manner as the Court thinks ft.

administra-

executor or

34.--(1) At the expiration of 12 months from the death of any Grant of deceased person, if the executor or executors to whom probate of special the will has been granted, or the person or persons to whom tion where administration has been granted, is or are residing out of the administrator jurisdiction of the Court, it shall be lawful for the Court, on the is out of application of any creditor, next of kin, or legatee, grounded on an affidavit made for that purpose, to grant such special administration as it may think fit of the estate of such deceased 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 transferred into the name of the Registrar, in trust for such purposes as the Court may direct, in any action in which the person to whom such special administration

jurisdiction.