504
No. 2 of 1897.
PROBATES.
Effect of executor renouncing probate.
20 & 21 Vict. c. 77, s. 79.
Effect of executor not taking probate. 21 & 22 Vict. c. 95, s. 16.
Appointment of administrator of intestate's estate.
20 & 21 Vict. c. 77, s. 73.
*
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, without any further renunciation, go, devolve, and be committed in like manner as if such person had not been appointed executor.
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.
Administration.
33. Where a person dies wholly intestate as to his personal estate or leaving a will affecting personal estate but without having appointed an executor thereof willing and competent to take probate, or where the executor is, at the time of the death of such person, resident out of the Colony, or where it appears to the court to be necessary or convenient to appoint some person to be the administrator of the personal estate of the deceased person or of any part of such estate, other than the person who, if this Ordinance had not been passed, would by law have been entitled to a grant of administration of such personal estate, it shall be lawful for the court, in its discretion, to appoint such person as the court thinks fit to be such administrator, on his giving such security, if any, as may be required under this Part or as the court may direct, and every such administration may be limited in such manner as the court thinks fit.
Grant of special administration where executor or
34.-(1) At the expiration of twelve months from the death of any deceased person, if the executor or executors to whom
* As amended by No. 14 of 1933 [23.6.33] and Law Rev. Ord., 1937.
Page 10
Page 11
504
No. 2 of 1897.
PROBATES.
Effect of executor renouncing probate.
20 & 21 Vict. c. 77, s. 79.
Effect of executor
not taking probate. 21 & 22 Vict.
c. 95, s. 16.
Appoint- ment of adminis trator of intestate's
estate.
c. 77, s. 73.
*
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 adminis- tration of his estate shall, without any further renunciation, go, devolve, and be committed in like manner as if such person had not been appointed executor.
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.
Administration.
33. Where a person dies wholly intestate as to his personal estate or leaving a will affecting personal estate but without having appointed an executor thereof willing and competent to take probate, or where the executor is, at the time of the death 20 & 21 Viet. of such person, resident out of the Colony, or where it appears to the court to be necessary or convenient to appoint some person to be the administrator of the personal estate of the deceased person or of any part of such estate, other than the person who, if this Ordinance had not been passed, would by law have been entitled to a grant of administration of such personal estate, it shall be lawful for the court, in its discretion, to appoint such person as the court thinks fit to be such administrator, on his giving such security, if any, as may be required under this Part or as the court may direct, and every such administration may be limited in such manner as the court thinks fit.
Grant of special administra-
tion where executor or
34.-(1) At the expiration of twelve months from the death of any deceased person, if the executor or executors to whom
* As amended by No. 14 of 1933 [23.6.33] and Law Rev. Ord., 1937.
Page 10Page 11
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