CAP. 10]
[s. 55 cont.]
creditors to send in claims against estate.
22 & 23 Vict. c. 35, s. 29.
4 of 1951, Schedule. (Cap. 29.)
Allowance of remuneration to executor, administrator or attorney.
Probate and Administration.
estate of the testator or intestate, and specifying what notices are to be given of the making of such order and of the time thereby limited; and the court may make such order thereon as it thinks fit.
(2) Where an executor or administrator has given the notices specified in any such order, he shall, at the expiration of the time limited thereby for sending in such claims, be at liberty to distribute the assets of the testator or intestate, or any part thereof, amongst the parties entitled thereto, having regard to the claims of which he has then notice, and shall not be liable for the assets, or any part thereof, so distributed to any person of whose claim he has not had notice at the time of distribution of the assets or a part thereof, as the case may be.
(3) Nothing in this section shall prejudice the right of any creditor or claimant to follow the assets, or any part thereof, into the hands of any persons who may have received the same respectively nor the operation of section 29 of the Trustee Ordinance.
[58
56. It shall be lawful for the court to allow to any executor or administrator, including an administrator pendente lite as aforesaid, (or to a person acting under a power of attorney as attorney for an executor or administrator in the matter of the sealing of a probate or administration under Part VI, or in the matter of the realization and administration of an estate under a probate or administration so sealed) such remuneration out of the estate of the deceased person as may be just and reasonable for his pains and trouble therein : Provided that no allowance whatever shall be made to any executor or administrator or attorney who neglects to pass his accounts at such time, or to dispose of any moneys, goods, chattels, or securities with which he is chargeable in such manner, as, in pursuance of any rule or order or practice of the court, may be requisite: Provided also, that no such remuneration shall exceed five per cent on the first one thousand dollars, two and a half per cent on the next four thousand dollars and one per cent on the balance of the gross value of all property of whatsoever nature administered.
[59
314
CAP. 10]
[s. 55 cont.]
creditors to send in
claims
against estate.
22 & 23 Vict. c. 35, s. 29.
4 of 1951, Schedule.
(Cap. 29.)
Allowance
tion to
of remunera-
executor, adminis-
trator or attorney.
Probate and Administration.
estate of the testator or intestate, and specifying what notices are to be given of the making of such order and of the time. thereby limited; and the court may make such order thereon as it thinks fit.
(2) Where an executor or administrator has given the notices specified in any such order, he shall, at the expira- tion of the time limited thereby for sending in such claims, be at liberty to distribute the assets of the testator or in- testate, or any part thereof, amongst the parties entitled thereto, having regard to the claims of which he has then notice, and shall not be liable for the assets, or any part thereof, so distributed to any person of whose claim he has not had notice at the time of distribution of the assets or a part thereof, as the case may be.
(3) Nothing in this section shall prejudice the right of any creditor or claimant to follow the assets, or any part thereof, into the hands of any persons who may have re- ceived the same respectively nor the operation of section 29 of the Trustee Ordinance.
[58
56. It shall be lawful for the court to allow to any
executor
administrator or administrator, including an appointed pendente lite as aforesaid, (or to a person acting under a power of attorney as attorney for an executor or administrator in the matter of the sealing of a probate or administration under Part VI, or in the matter of the realization and administration of an estate under a probate or administration so sealed) such remuneration out of the estate of the deceased person as may be just and reason- able for his pains and trouble therein : Provided that no allowance whatever shall be made to any executor or administrator or attorney who neglects to pass his accounts at such time, or to dispose of any moneys, goods, chattels, or securities with which he is chargeable in such manner, as, in pursuance of any rule or order or practice of the court, may be requisite: Provided also, that no such re- muneration shall exceed five per cent on the first one thousand dollars, two and a half per cent on the next four thousand dollars and one per cent on the balance of the gross value of all property of whatsoever nature adminis- tered.
[59
314
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