822
No. 2 of 1897.
PROBATES.
Payment of special costs relating administration.
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. 3, c. 87, s. 6.
38 Geo. 3, c. 87, s. 7.
Prohibition of executor acting pendente lite.
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 twenty-one 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.
Prohibition of acting administrator.
20 & 21 Vict. c. 77, s. 75.
Appointment of administrator pendente lite.
20 & 21 Vict. c. 77, s. 70.
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.
39. All the provisions of section 38 relating to grants of administration pending action shall be deemed to apply to the case of an appeal to His Majesty in Council from any decision of the court.
Administration pending appeal.
* As amended by Law Rev. Ord., 1923.
822
No. 2 of 1897.
PROBATES.
Payment of
35. The costs incurred by granting any such special costs relating administration shall be paid by such person or out of such 10 special ad- ministration. 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. 3, c. 87, s. 6.
38 Geo. 3, e. 87, s. 7.
Prohibition
of executor
acting pend-
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 twenty-one 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 adminis- trator 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 ing adminis- 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.
tration.
20 & 21 Vict. c. 77, s. 75.
Appointment
of administra-
tor pendente lite.
20 & 21 Vict.
c. 77, s. 70.
Administra-
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.
39. All the provisions of section 38 relating to grants of tion pending administration pending action shall be deemed to apply to the case of an appeal to His Majesty in Council from any decision of the court.
appeal.
**
* As amended by Law Rev. Ord., 1923.
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