1136
Representa- tion of heir- at-law, next of kin, or class.
O.16, r.32(a).
O.16, r.32(b).
Administra- tion at suit of
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Administrations and trusts.
74.-(1) In any case in which the right of an heir-at-law, or the next of kin, or a class depends upon the construction which the court may put upon an instrument, and it is not known or is difficult to ascertain who is or are such heir-at-law, next of kin, or class, and the court considers that, in order to save expense or for some other reason, it will be convenient to have the questions of construction determined before such heir-at-law, next of kin, or class has or have been ascertained by means of inquiry or otherwise, the court may appoint one or more persons to represent such heir-at-law, or to represent all or any of such next of kin or class, and the judgment of the court shall be binding on the person or persons so represented.
(2) In any other case in which an heir-at-law, or any next of kin, or a class is or are represented in any proceedings, the court may, if, having regard to the nature and extent of the interest of such persons or of any of them, it appears expedient on account of the difficulty of ascertaining such persons or in order to save expense, appoint one or more persons to represent such heir-at-law, or to represent all or any of such next of kin or class, and the judgment of the court shall be binding on the person or persons so represented.
75.--Any residuary legatee or next of kin entitled to a judgment or order for the administration of the personal estate of a deceased person may have the same without serving the remaining residuary legatees or next of kin.
Administra- tion at suit of legatee, etc.
O.16, r.33.
76. Any legatee interested in a legacy charged upon immovable property, and any person interested in the proceeds of immovable property directed to be sold, and O.16, r.34. who may be entitled to a judgment or order for the administration of the estate of a deceased person, may have the same without serving any other legatee or person interested in the proceeds of the property.
Administra- tion at suit of residuary devisee, etc.
O.16, r.35. Execution of trust at suit of cestui que trust. O.16, r.36.
77. Any residuary devisee or heir entitled to the like judgment or order may have the same without serving any co-residuary devisee or co-heir.
78. Any one of several cestuis que trust under any deed or instrument entitled to a judgment or order for the execution of the trusts of the deed or instrument may have the same without serving any other cestui que trust.
* As amended by Law Rev. Ord., 1924.
1136
Representa- tion of heir- at-law, next of kin, or class.
0.16, r. 32 (a).
0.16, r. 32 (b).
Administra-
tion at suit
of
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Administrations and trusts.
74.-(1) In any case in which the right of an heir-at-law, or the next of kin, or a class depends upon the construction which the court may put upon an instrument, and it is not known or is difficult to ascertain who is or are such heir-at- law, next of kin, or class, and the court considers that, in order to save expense or for some other reason, it will be convenient to have the questions of construction determined before such heir-at-law, next of kin, or class has or have been ascertained by means of inquiry or otherwise, the court may appoint one or more persons to represent such heir-at-law, or to represent all or any of such next of kin or class, and the judgment of the court shall be binding on the person or persons so represented.
(2) In any other case in which an heir-at-law, or any next of kin, or a class is or are represented in any proceedings, the court may, if, having regard to the nature and extent of the interest of such persons or of any of them, it appears expedient on account of the difficulty of ascertaining such persons or in order to save expense, appoint one or more persons to represent such heir-at-law, or to represent all or any of such next of kin or class, and the judgment of the court shall be binding on the person or persons so represented.
75.--Any residuary legatee or next of kin entitled to a of residuary judgment or order for the administration of the personal estate of a deceased person may have the same without serving the remaining residuary legatees or next of kin.
legatee, etc.
0. 16, r. 33.
Administra- tion at suit of legatee, etc.
76. Any legatee interested in a legacy charged upon immovable property, and any person interested in the proceeds of immovable property directed to be sold, and 0.16, r.34. who may be entitled to a judgment or order for the administration of the estate of a deceased person, may have the same without serving any other legatee or person interested in the proceeds of the property.
Administra-
tion at suit
of residuary devisee, etc.
0. 16, r. 35. Execution of trust at suit
of cestui que trust. !0. 16, r. 36.
**
77. Any residuary devisee or heir entitled to the like judgment or order may have the same without serving any co-residuary devisee or co-heir.
78. Any one of several cestuis que trust under any deed or instrument entitled to a judgment or order for the execution of the trusts of the deed or instrument may have the same without serving any other cestui que trust.
* As amended by Law Rev. Ord., 1924.
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