CODE OF CIVIL PROCEDURE.
Administra-
tion at suit of legatee,
etc.
0. 16, r. 34.
Administra. tion at suit of residuary devisee, etc. 0. 16, r. 35.
Execution of trust at suit of cestui trust.
que
0. 16, r. 36.
Administra-
tion at suit of executor, etc.
0. 16, r. 38.
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 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.
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.
79. Any executor, administrator or trustee entitled thereto may have a judgment or order against any one legatee, next of kin or cestui que trust for the administration of the estate or the execution of the trust.
Conduct of action or proceeding, 0. 16, r. 39.
Service of notice of
judgment in action for administra. tion of
estate, etc.,
and effect thereof.
0. 16, r. 40.
80. The court may require any person to be made a party to any action or other proceeding, and may give the conduct of the action or proceeding to such person as it may think fit, and may make such order in any particular case as it may think just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question.
81.-(1). Where, in any action for the administration of the estate of a deceased person, or for the execution of the trusts of any deed or instrument, or for the partition or sale of any immovable property, a judgment or order has been pronounced or made-
(a) for the making of inquiries; or
(b) for the taking of accounts; or
(c) affecting the rights or interests of persons not parties to the action,
the court may direct that any persons interested in the estate, or under the trust, or in the immovable property shall be served with notice of the judgment or order; and after such notice such persons shall be bound by the proceedings in the same manner as if they had originally been made parties, and shall be at liberty to attend the proceedings under the judgment or order.
CODE OF CIVIL PROCEDURE.
Administra-
tion at suit of legatee,
etc.
0. 16, r. 34.
Administra. tion at suit of residuary devisee, etc. 0. 16, r. 35.
Execution of trust at suit of cestui trust.
que
0. 16, r. 36.
Administra-
tion at suit of executor, etc.
76. Any legatee interested in a legacy charged upon immov- able property, and any person interested in the proceeds of immovable property directed to be sold, and 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.
77. Any residuary devisee or heir entitled to the like judg- ment 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.
79. Any executor, administrator or trustee entitled thereto may have a judgment or order against any one legatee, next of kin or cestui que trust for the administration of the estate or 0. 16, r. 38. the execution of the trust.
Conduct of action or proceeding, 0. 16, r. 39.
Service of notice of
judgment in action for administra. tion of
estate, etc.,
and effect thereof.
0. 16, r. 40.
80. The court may require any person to be made a party to any action or other proceeding, and may give the conduct of the action or proceeding to such person as it may think fit, and may make such order in any particular case as it may think just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question.
81.-(1). Where, in any action for the administration of the estate of a deceased person, or for the execution of the trusts of any deed or instrument, or for the partition or sale of any immovable property, a judgment or order has been pronounced or made-
(a) for the making of inquiries; or
(b) for the taking of accounts; or
(c) affecting the rights or interests of persons not parties to the action,
the court may direct that any persons interested in the estate, or under the trust, or in the immovable property shall be served with notice of the judgment or order; and after such notice such persons shall be bound by the proceedings in the same manner as if they had originally been made parties, and shall be at liberty to attend the proceedings under the judgment or order.
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