Probate and Administration.
[CAP. 10
shall be paid by such person or out of such fund as the court in which the action is pending may direct.
[35
infant executor.
38 Geo. 3.
c. 87, s. 6.
35. (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.
c. 87, s. 7.
(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.
38 Geo. 3.
[36
of executor acting pending administration.
20 & 21 Vict.
36. 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.
c. 77, s. 75.
[37
Administration pendente lite.
20 & 21 Vict.
37. (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.
[38
c. 77, s. 70.
38. All the provisions of section 37 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.
[39
Page 309
Probate and Administration.
[CAP. 10
shall be paid by such person or out of such fund as the court in which the action is pending may direct.
[35
infant
executor.
38 Geo. 3.
c. 87, s. 6.
35. (1) Where an infant is sole executor of any Case of deceased person, administration with the will annexed shall being sole 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.
c. 87, s. 7.
(2) The person to whom such administration is granted 38 Geo. 3. 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.
[36
of executor
ing adminis-
20 & 21 Vict.
36. After any grant of administration, .no person shall Prohibition have power to sue or prosecute any action, or otherwise to acting pend- act as executor of the deceased person, as to the personal tration. estate comprised in or affected by such grant of administra- c. 77, s. 75. tion, until such administration has been recalled or revoked.
[37
Administration pendente lite.
of
pendente lite.
20 & 21 Vict.
37. (1) Pending any action touching the validity of the Appointment will of any deceased person, or for obtaining, recalling, or adminstrator 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. [38
c. 77, s. 70.
tion pending
38. All the provisions of section 37 relating to grants Administra- of administration pending action shall be deemed to apply appeal. to the case of an appeal to His Majesty in Council from any decision of the court.
[39
309
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