1985 Ed.]
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application when so authorized, but the provisions of this section shall not apply to a case in which a will provides that a company shall not act as executor, or in the trusts thereof.
(3) It shall be lawful for any person or persons entitled to apply for administration of the estate of any intestate, whether such person or persons be absent from the Colony or not, and notwithstanding the provisions of any other enactment, to authorize a trust company to apply to the court for such letters of administration, either alone or jointly with any other person, and administration of the estate of any such intestate may be granted to the company either alone or jointly as aforesaid, upon its own application, when so authorized.
(4) For the purposes of any application to the court for letters of administration to the estate of any deceased person, the court shall consider a trust company, when authorized as aforesaid, to be in law entitled, equally with any other person or class of persons to apply for and obtain a grant, but a trust company, being so entitled, shall not on that account alone, be preferred to the widower, widow, or next-of-kin of any intestate.
(5) No grant of probate or of letters of administration shall be granted to a syndic or nominee on behalf of a trust company.
(6) Where any person entitled to apply for probate or letters of administration has authorized a trust company to apply for a grant in favour of the company under subsection (1) or (2) and the court has subsequently made such a grant, all property, functions, powers, authorities, discretions and rights vested in or conferred on that person by the will or by law shall, on the making of the grant and without conveyance or assignment or the execution of any other instrument, become vested in and exercisable by the company as fully and effectually as if it had been named as executor under the will. (Added, 23 of 1975, s. 4)
84. (1) In all cases in which a trust company is empowered under this Part to apply for probate or letters of administration, any petition, declaration, account or affidavit or other necessary document may be made or sworn by any officer of the company duly authorized by the company in that behalf.
(2) Any officer of the company appointed by a trust company for that purpose may, on behalf of the company, sign any petition, account or statement, take any oath, swear any affidavit, make any declaration, verify any act, give personal attendance at any court or place, and do any act or thing whatsoever, which may require to be signed, taken, sworn, made, verified, given, or done on behalf of the company:
Provided that nothing in this Part contained shall confer upon any person, not otherwise entitled thereto, any right to appear or be heard before or in any court on behalf of the company or to do any act whatsoever on behalf of the company which could otherwise be lawfully done only by a barrister or by a solicitor.
Procedure as to petitions, etc.
1985 Ed.]
Trustee
ICAP. 29
47
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application when so authorized, but the provisions of this section shall not apply to a case in which a will provides that a company shall not act as executor, or in the trusts thereof.
(3) It shall be lawful for any person or persons entitled to apply for administration of the estate of any intestate, whether such person or persons be absent from the Colony or not, and notwith- standing the provisions of any other enactment, to authorize a trust company to apply to the court for such letters of administration, either alone or jointly with any other person, and administration of the estate of any such intestate may be granted to the company either alone or jointly as aforesaid, upon its own application, when so authorized.
(4) For the purposes of any application to the court for letters of administration to the estate of any deceased person, the court shall consider a trust company, when authorized as aforesaid, to be in law entitled, equally with any other person or class of persons to apply for and obtain a grant, but a trust company, being so entitled, shall not on that account alone, be preferred to the widower, widow, or next-of-kin of any intestate.
(5) No grant of probate or of letters of administration shall be granted to a syndic or nominee on behalf of a trust company.
(6) where any person entitled to apply for probate or letters of administration has authorized a trust company to apply for a grant in favour of the company under subsection (1) or (2) and the court has subsequently made such a grant, all property, functions, powers, authorities, discretions and rights vested in or conferred on that person by the will or by law shall, on the making of the grant and without conveyance or assignment or the execution of any other instrument, become vested in and exercisable by the company as fully and effectually as if it had been named as executor under the will. (Added, 23 of 1975, s. 4/
84. (1) In all cases in which a trust company is empowered under this Part to apply for probate or letters of administration, and petition, declaration, account or affidavit or other necessary docu- ment may be made or sworn by any officer of the company duly authorized by the company in that behalf.
(2) Any officer of the company appointed by a trust company for that purpose may, on behalf of the company, sign any petition, account or statement, take any oath, swear any affidavit, make any declaration, verify any act, give personal attendance at any court or place, and do any act or thing whatsoever, which may require to be signed, taken, sworn, made, verified, given, or done on behalf of the company:
Provided that nothing in this Part contained shall confer upon any person, not otherwise entitled thereto, any right to appear or be heard before or in any court on behalf of the company or to do any act whatsoever on behalf of the company which could otherwise be lawfully done only by a barrister or by a solicitor.
Procedure as to petitions, etc.
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