1923_CODE_OF_CIVIL_PROCEDURE — Page 157

1270

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Order on

628. Any of the persons mentioned in section 627 may in originating like manner apply for and obtain an order for the administration of estate or of trust.

summons for

administra-

tion of estate or of trust.

O, 55, r. 4.

*

Persons to be served with originating

summons.

O. 55, r. 5.

*

stration of

(a) the personal estate of the deceased person;

(b) the real estate of the deceased person; and

(c) the trust.

629. The persons to be served with the summons under sections 627 and 628 shall, in the first instance, be the following:-

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

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

(b) for the determination of any question under section 627 (2), any member or alleged member of the class;

(c) for the determination of any question under section 627 (3), any person interested in taking such accounts;

(d) for the determination of any question under section 627 (4), any person interested in such money;

(e) for relief under section 628 (a), the residuary legatees, or next of kin, or some of them;

(f) for relief under section 628 (b), the residuary devisees, or heirs, or some of them;

(g) for relief under section 628 (c), the cestuis que trust, or some of them;

(h) if there are more than one executor or administrator or trustee, and they do not all concur in taking out the summons, those who do not concur; and

(2) where the summons is taken out by any person other than the executors or administrators or trustees, the said executors or administrators or trustees.

* As amended by Law Rev. Ord., 1924.