1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 160

854

No. 3 of 1901.

CODE OF CIVIL PROCEDURE:

Order on originating summons for administration of estate or of trust. O. 55, r. 4.

Persons to be served with originating summons. O. 55, r. 5.

(5) a direction to the executors or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees;

(6) the approval of any sale, purchase, compromise or other transaction; and

(7) any question arising in the administration of the estate or trust.

628. Any of the persons mentioned in section 627 may in like manner apply for and obtain an order for the administration 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 qui trust, or some of them;

(h) if there be 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

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