1950_PROBATE_AND_ADMINISTRATION_ORDINANCE — Page 15

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 10]

Bond to be given by administrator. 20 & 21 Vict. c. 77, s. 81.

Amount of bond.

20 & 21 Vict. c. 77, s. 82.

Validation of payments made under probate or administration subsequently revoked.

20 & 21 Vict. c. 77, s. 77.

Validation of payments made under defective

Probate and Administration.

Administration bond.

39. Every person (other than the Official Administrator) to whom any grant of administration is committed shall, unless the court otherwise directs, give a bond, with (if the court requires) one or more surety or sureties, conditioned for duly collecting, getting in, and administering the estate of the deceased person, and the bond shall be in such form as the judge may direct.

[40

40. Every such bond shall be in a penalty of double the amount under which the estate of the deceased person is sworn, unless the court in any case thinks fit to direct the same to be reduced, in which case it shall be lawful for the court to do so; and the court may also direct that more bonds than one shall be given so as to limit the liability of any surety to such amount as the court thinks reasonable.

[41

Revocation of grant.

41. When any probate or administration is revoked, all payments bona fide made to any executor or administrator under such probate or administration before the revocation thereof shall be a legal discharge to the person making the same, and the executor or administrator who has acted under any such revoked probate or administration may retain and reimburse himself in respect of any payments made by him which the person to whom probate or administration is afterwards granted might have lawfully made.

[42

42. All persons making or permitting to be made any payment or transfer bona fide upon any probate or administration granted in respect of the estate of any deceased person shall be indemnified and protected in so doing, notwithstanding any defect or other thing whatsoever affecting the validity of such probate or administration.

20 & 21 Vict. c. 77, s. 78.

Continuance of proceedings begun under temporary administration subsequently revoked.

20 & 21 Vict. c. 77, s. 76.

[43

43. Where, before the revocation of any temporary administration, any proceedings have been commenced in the Supreme Court in its original jurisdiction by or against any administrator so appointed, the court in its probate jurisdiction may order that a suggestion be made upon the record of the revocation of such administration, and of the grant of

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CAP. 10] Bond to be given by administrator. 20 & 21 Vict. c. 77, s. 81. Amount of bond. 20 & 21 Vict. c. 77, s. 82. Validation of payments made under probate or administration subsequently revoked. 20 & 21 Vict. c. 77, s. 77. Validation of payments made under defective Probate and Administration. Administration bond. 39. Every person (other than the Official Administrator) to whom any grant of administration is committed shall, unless the court otherwise directs, give a bond, with (if the court requires) one or more surety or sureties, conditioned for duly collecting, getting in, and administering the estate of the deceased person, and the bond shall be in such form as the judge may direct. [40 40. Every such bond shall be in a penalty of double the amount under which the estate of the deceased person is sworn, unless the court in any case thinks fit to direct the same to be reduced, in which case it shall be lawful for the court to do so; and the court may also direct that more bonds than one shall be given so as to limit the liability of any surety to such amount as the court thinks reasonable. [41 Revocation of grant. 41. When any probate or administration is revoked, all payments bona fide made to any executor or administrator under such probate or administration before the revocation thereof shall be a legal discharge to the person making the same, and the executor or administrator who has acted under any such revoked probate or administration may retain and reimburse himself in respect of any payments made by him which the person to whom probate or administration is afterwards granted might have lawfully made. [42 42. All persons making or permitting to be made any payment or transfer bona fide upon any probate or administration granted in respect of the estate of any deceased person shall be indemnified and protected in so doing, notwithstanding any defect or other thing whatsoever affecting the validity of such probate or administration. 20 & 21 Vict. c. 77, s. 78. Continuance of proceedings begun under temporary administration subsequently revoked. 20 & 21 Vict. c. 77, s. 76. [43 43. Where, before the revocation of any temporary administration, any proceedings have been commenced in the Supreme Court in its original jurisdiction by or against any administrator so appointed, the court in its probate jurisdiction may order that a suggestion be made upon the record of the revocation of such administration, and of the grant of 310 Page 15 Page 16
Baseline (Original)
CAP. 10] Bond to be given by ad- ministrator. 20 & 21 Vict. c. 77, s. 81. Amount of bond. 20 & 21 Vict. c. 77, s. 82. Validation of payments made under probate or administra- tion subse- quently revoked. 20 & 21 Vict. c. 77, s. 77. Validation of payments made under defective Probate and Administration. Administration bond. 39. Every person (other than the Official Administrator) to whom any grant of administration is committed shall, unless the court otherwise directs, give a bond, with (if the court requires) one or more surety or sureties, conditioned for duly collecting, getting in, and administering the estate of the deceased person, and the bond shall be in such form as the judge may direct. [40 40. Every such bond shall be in a penalty of double the amount under which the estate of the deceased person is sworn, unless the court in any case thinks fit to direct the same to be reduced, in which case it shall be lawful for the court to do so; and the court may also direct that more bonds than one shall be given so as to limit the liability of any surety to such amount as the court thinks reason- able. [41 Revocation of grant. 41. When any probate or administration is revoked, all payments bona fide made to any executor or administrator under such probate or administration before the revocation thereof shall be a legal discharge to the person making the same, and the executor or administrator who has acted under any such revoked probate or administration may retain and reimburse himself in respect of any payments made by him which the person to whom probate or administration is after- wards granted might have lawfully made. [42 42. All persons making or permitting to be made any payment or transfer bona fide upon any probate or adminis- tration granted in respect of the estate of any deceased person shall be indemnified and protected in so doing, not- 20 & 21 Viet. withstanding any defect or other thing whatsoever affecting the validity of such probate or administration. probate or administra- tion. c. 77, s. 78. Continuance of proceedings begun under temporary administra- tion subse- quently revoked. 20 & 21 Vict. c. 77, s. 76. [43 43. Where, before the revocation of any temporary ad- ministration, any proceedings have been commenced in the Supreme Court in its original jurisdiction by or against any administrator so appointed, the court in its probate jurisdic- tion may order that a suggestion be made upon the record of the revocation of such administration, and of the grant of 310 Page 15Page 16
2026-05-03 23:55:00 · Baseline
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CAP. 10]

Bond to be given by ad- ministrator. 20 & 21 Vict. c. 77, s. 81.

Amount of bond.

20 & 21 Vict. c. 77, s. 82.

Validation of payments made under probate or administra- tion subse- quently revoked.

20 & 21 Vict. c. 77, s. 77.

Validation

of payments made under defective

Probate and Administration.

Administration bond.

39. Every person (other than the Official Administrator) to whom any grant of administration is committed shall, unless the court otherwise directs, give a bond, with (if the court requires) one or more surety or sureties, conditioned for duly collecting, getting in, and administering the estate of the deceased person, and the bond shall be in such form as the judge may direct.

[40

40. Every such bond shall be in a penalty of double the amount under which the estate of the deceased person is sworn, unless the court in any case thinks fit to direct the same to be reduced, in which case it shall be lawful for the court to do so; and the court may also direct that more bonds than one shall be given so as to limit the liability of any surety to such amount as the court thinks reason- able.

[41

Revocation of grant.

41. When any probate or administration is revoked, all payments bona fide made to any executor or administrator under such probate or administration before the revocation thereof shall be a legal discharge to the person making the same, and the executor or administrator who has acted under any such revoked probate or administration may retain and reimburse himself in respect of any payments made by him which the person to whom probate or administration is after- wards granted might have lawfully made.

[42

42. All persons making or permitting to be made any payment or transfer bona fide upon any probate or adminis- tration granted in respect of the estate of any deceased person shall be indemnified and protected in so doing, not- 20 & 21 Viet. withstanding any defect or other thing whatsoever affecting

the validity of such probate or administration.

probate or administra- tion.

c. 77, s. 78.

Continuance

of

proceedings begun under temporary administra- tion subse- quently

revoked.

20 & 21 Vict. c. 77, s. 76.

[43

43. Where, before the revocation of any temporary ad- ministration, any proceedings have been commenced in the Supreme Court in its original jurisdiction by or against any administrator so appointed, the court in its probate jurisdic- tion may order that a suggestion be made upon the record of the revocation of such administration, and of the grant of

310

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