820
No. 2 of 1897.
PROBATES.
Redress of Official Administrator against action.
29. No action shall be brought against the Official Administrator for anything done by him in respect of the execution or the intended execution of any power vested in him by section 14 or section 19, but any person who feels aggrieved thereby may apply for redress to the court by summary petition verified upon oath, and the court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires.
PART II
GRANTING AND REVOCATION OF PROBATES, ETC.
Practice as to Caveat.
30.-(1) A caveat against the grant of any probate or administration may be lodged in the Registry of the court.
20 & 21 Vict. c. 77, s. 53.
(2) Subject to any rules or orders made under this Ordinance, the practice and procedure of the court in respect of any such caveat shall, as nearly as may be, correspond with the practice and procedure hitherto in use in respect of such caveats.
Executorship.
31. Where any person renounces probate of the will of which he is appointed executor or one of the executors, the right of such person in respect of the executorship shall wholly cease, 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.
20 & 21 Vict. c. 77, s. 79.
Effect of executor not taking probate.
21 & 22 Vict. c. 95, s. 16.
32. Whenever an executor appointed in a will survives the testator but dies without having taken probate, or, having been cited to take probate, does not appear to such citation, the right of such person in respect of the executorship shall wholly cease, and 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.
820
No. 2 of 1897.
PROBATES.
Redress
of Official Ad-
29. No action shall be brought against the Official against action Administrator for anything done by him in respect of the ministrator. execution or the intended execution of any power vested in him by section 14 or section 19, but any person who feels aggrieved thereby may apply for redress to the court by summary petition verified upon oath, and the court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires.
Practice as to
PART II
GRANTING AND REVOCATION OF PROBATES, ETC.
Caveat.
30.-(1) A caveat against the grant of any probate or caveat against administration may be lodged in the Registry of the court.
grant.
20 & 21 Vict. c. 77, s. 53.
Effect of
executor
renouncing
probate.
(2) Subject to any rules or orders made under this Ordinance, the practice and procedure of the court in respect of any such caveat shall, as nearly as may be, correspond with the practice and procedure hitherto in use in respect of such caveats.
Executorship.
31. Where any person renounces probate of the will of which he is appointed executor or one of the executors, the right of such person in respect of the executorship shall 20 & 21 Viet. wholly cease, 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.
77, s. 79.
Effect of
executor not taking probate.
21 & 22 Vict.
e. 95, s. 16.
32. Whenever an executor appointed in a will survives the testator but dies without having taken probate, or, having been cited to take probate, does not appear to such citation, the right of such person in respect of the executor- ship shall wholly cease, and the representation of the testator and the administration of his estate shall go, devolve, and he committed in like manner as if such person had not beeu appointed executor.
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