20
1925 c. 23, s. 37(1).
1925 c. 23, s. 37(2).
Liability of a person fraudulently obtaining or retaining estate of deceased.
[cf. 1925 c. 23, s. 28.]
Liability of estate of personal representative.
[cf. 1925 c. 23, s. 29.]
Allowance of remuneration to executor, administrator or attorney.
CAP. 10]
Probate and Administration.
[1971 Ed.
(3) All transfers and conveyances of any interest in property made to a purchaser either before or after the commencement of this Ordinance by a person to whom probate or letters of administration have been granted are valid, notwithstanding any subsequent revocation or variation, either before or after the commencement of this Ordinance, of the probate or administration.
(4) This section takes effect without prejudice to any order of the court made before the commencement of this Ordinance and applies whether the testator or intestate died before or after such commencement.
58. If any person, to the defrauding of creditors or without full valuable consideration, obtains, receives or holds any movable or immovable property of a deceased person or effects the release of any debt or liability due to the estate of the deceased, he shall be charged as executor in his own wrong to the extent of the property received or coming into his hands, or the debt or liability released, after deducting-
(a) any debt for valuable consideration and without fraud due to him from the deceased person at the time of his death; and
(b) any payment made by him which might properly be made by a personal representative.
59. Where a person as personal representative of a deceased person (including an executor in his own wrong) wastes or converts to his own use any part of the property of the deceased, and dies, his personal representative shall, to the extent of the available assets of the defaulter, be liable and chargeable in respect of such waste or conversion, in the same manner as the defaulter would have been if living.
60. (1) Subject to subsection (2), the court may allow to any executor or administrator, including an administrator appointed pendente lite under section 40 (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 IV 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 the court thinks fit.
(2) (a) No allowance 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 may be required by probate rules and orders.
(b) No such remuneration shall exceed five per cent on the first one thousand dollars, two and a half per cent on
20
1925 c. 23, s. 37(1).
1925 c.
23, s. 37(2).
Liability of a person fraudulently obtaining or retaining estate of deceased.
[cf. 1925 c. 23, s. 28.]
Liability of estate of personal representative.
[cf. 1925 c. 23, 9.29.]
Allowance of remuneration to executor, administrator or attorney.
CAP. 10]
Probate and Administration.
[1971 Ed.
(3) All transfers and conveyances of any interest in property made to a purchaser either before or after the commencement of this Ordinance by a person to whom probate or letters of admin- istration have been granted are valid, notwithstanding any sub- sequent revocation or variation, either before or after the com- mencement of this Ordinance, of the probate or administration.
(4) This section takes effect without prejudice to any order of the court made before the commencement of this Ordinance and applies whether the testator or intestate died before or after such commencement.
58. If any person, to the defrauding of creditors or without full valuable consideration, obtains, receives or holds any movable or immovable property of a deceased person or effects the release of any debt or liability due to the estate of the deceased, he shall be charged as executor in his own wrong to the extent of the property received or coming into his hands, or the debt or liability released, after deducting-
(a) any debt for valuable consideration and without fraud due to him from the deceased person at the time of his death; and
(b) any payment made by him which might properly be made
by a personal representative.
59. Where a person as personal representative of a deceased person (including an executor in his own wrong) wastes or converts to his own use any part of the property of the deceased, and dies, his personal representative shall, to the extent of the available assets of the defaulter, be liable and chargeable in respect of such waste or conversion, in the same manner as the defaulter would have been if living.
60. (1) Subject to subsection (2), the court may allow to any executor or administrator, including an administrator appointed pendente lite under section 40 (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 IV 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 the court thinks fit.
(2) (a) No allowance 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 may be required by probate rules and orders.
(b) No such remuneration shall exceed five per cent on the first one thousand dollars, two and a half per cent on
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