appear before the court and required to account under CHAP. 158. oath. remain liable. (3.) Notwithstanding such removal sureties for such Sureties to administrator shall continue liable for any act or omission of such administrator up to the time of such removal, and for any assets of the estate which have come into his hands. R. S., c. 100, s. 2 (part); 1897, c. 2, s. 9; 1899, c. 36, s. 3. temporary ad may continue of new repre 31. If, before the revocation of any temporary admin- Revocation of istration, proceedings have been commenced by or against ministration. any administrator so appointed, any court in which the Court or judge proceedings are pending, or a judge thereof, may order that action in name the proceedings shall be continued in the name of the new sentatives. executor or administrator in like manner as if the proceedings had been originally by or against such new executor or administrator, but subject to such conditions and variations, if any, as the court directs. ANCILLARY PROBATE AND LETTERS OF ADMINISTRATION. letters of British 32. (1.) Where a court of probate in the United Probate or Kingdom, or in any British province, territory, or possession, or Colonial has granted probate or letters of administration in respect Courts, on sealto the estate of a deceased person, the probate or letters so this province. granted may, on being produced to and a copy thereof deposited with a court of probate in this province, be sealed with the seal of that court, and thereupon shall be of like force and effect, and have the same operation in this province as if granted by a court of probate of this province Provided that the court shall before receiving a Security to be probate or letters of administration under this section, take given. a bond in the case of letters of administration in a sum sufficient to cover the property, if any, in this province to which the letters of administration relate, and may require such evidence as it thinks fit as to the domicile of the deceased person. for original. (2.) For the purpose of this section a duplicate of any Duplicate used probate or letters of administration, sealed with the seal of the court granting the same, shall have the same effect as the original. 1889, c. 12, ss. 1 (a), 2. 33. (1.) In respect to foreign probates and letters of Foreign executor administration, or administrator may apply for (a) Whenever application is made to the court by the probate. (b) Whenever administration of the estate of any CHAP. 158. Notice of appli. cation in three Gazettes. Provision for administration generally to apply, exeept istrator pre ferred. in the place in which the deceased was last domiciled out of the province, and the person to whom the same was granted makes an application to have administration of the property within the province which was the property of the deceased at the time of his death, the court shall fix a time and place for hearing any such application. (2.) Notice of the hearing of such application at such time and place shall be given by publication in the Royal Gazette in three successive issues. (3.) Upon such application the provisions relative to the granting of original probate and letters of administration, foreign admin. and as to security to cover the property within this province, shall apply, except that the foreign administrator shall be preferably entitled to be administrator, and the administration granted to him shall supersede any other administration granted in respect to such property. R. S., c. 100, ss. 7, 13; 1897, c. 2, ss. 13, 19. Solemn form, to administra PROOF IN SOLEMN FORM. 34.--(1.) Any executor or person desiring administraperson entitled tion under the will, and any heir, devisee, legatee, next of tion, may have kin, or other person interested in the estate of the deceased, wid proved in, may have a will proved in solemn form of law and its standing already validity determined, and notwithstanding it has already been proved in common form and probate granted. (2.) The manner of such proof shall be as follows: and notwith proved in com- Such executor or Or failing, next of kin, &c., may compel him to take out citation. (a) Such executor or person may of his own motion take out a citation to have a will proved in solemn form of law and its validity determined. (b) If he refuses to do so, any heir, devisee, legatee, next of kin, or other person interested in the estate may, upon affidavit verifying the grounds of his application, apply to the court for a citation directed to such executor or person requiring him to do so, and upon such citation the court may make an order requiring such executor or person within twenty days after service of such order upon him to take out a citation to have such will proved in solemn form and its validity determined, and such executor or person within twenty days after such service, shall take out such citation and proceed with the same under the provisions of this section. If such application is made after six months from the date of the proof in common form, the applicant shall account for his delay, and shall give a bond in the sum of one hundred and fifty dollars to pay any CHAP. 158. costs awarded against him. next of kin, &c., and be verifi.d. (c) The petition of such executor or person shall con- Petition to state tain (so far as the petitioner can ascertain the same) the names, ages, occupations, and places of residence of the heirs, devisees, legatees, and next of kin of the deceased, and shall be verified by affidavit. (d) The citation may be in the form "P" in the Citation form schedule to this Chapter, and shall contain the names of all the heirs, devisees, legatees, and next of kin. "P." eight weeks: thirty days. (e) Where the heirs, devisees, legatees, and next of kin Returnable in reside in the province, such citation shall be made published eight returnable at a time not less than eight weeks from weeks served the time of issuing the same, and shall be published in the Royal Gazette for eight weeks, and served personally upon each of such heirs, devisees, legatees, and next of kin, at least thirty days before the return day thereof. next of kin out when according (f) Where any of such heirs, devisees, legatees, or Except where next of kin resides out of the province, such citation of province, shall be made returnable after such length of time, to order of and shall be published and served for such period court. before the return thereof, as to the court seems right, having regard to the distance from the province at which such heirs, devisees, legatees, and next of kin, or any of them, are. service in case (g) If at the time of filing the petition, or at any time Constructive thereafter, it is made to appear to the court that of absence, &c., owing to absence from the province, or other cause, personal service of the citation on any devisee, legatee, or next of kin cannot be made, the court may make an order for the publication of the citation for a period of three months in the Royal Gazette, and in some other newspaper to be named by the court, and the same shall be so published, and such publication shall have the like effect as to such heir, devisee, legatee, or next of kin so being out of the province, as if such citation had been personally served upon him. by publication. (h) Upon due proof of such publication and service, Hearing and or publication where personal service cannot be validity of will effected, the court shall hear the alleged will proved on proof of serin solemn form of law, and decide in regard to the dence taken. validity of the same, according to the evidence and the usual practice of the court of probate. R. S., c. 100, s. 103; 1897, c. 3, s. 23. neces CHAP. 158. 35.-(1.) It shall not be necessary in any case to prove Proof in solemn & will in any but the common form, unless the executor or form only ces person having or desiring probate, or an heir, devisee, quired by per- legatee, next of kin, or other person interested in the estate requires the same. sary when re sons entitled. Inventory filed within three months after grant, unless extended, form of. Amendment of additional pro (2.) Proof in common form of any will, and the probate granted thereon, shall be sufficient to all intents and purposes unless proof in solemn form is so required. R. S., c. 100, s. 105; 1897, c. 2, s. 25. INVENTORY AND APPRAISEMENT OF ESTATE. 36. Every executor or administrator shall, within three months after probate or letters of administration have been granted, or such extended time as the court allows, exhibit and file in the registry of the court a full and true inventory (form Q, in the schedule) upon oath of the real and personal property of the deceased which has come to his possession or knowledge. R. S., c. 10, s. 18; 1897, c. 2, s. 30. 37. If any real or personal property of the deceased inventory when comes to the possession or knowledge of the executor or perty discovered. administrator after he has filed such inventory, he shall, within a reasonable time thereafter, file in the registry a further inventory upon oath of the same. R. S., c. 100, S. 19; 1897, c. 2, s. 31. Neglecting to file inventory, penalty for. Need not contain Wearing apparel of deceased under $40 in value. Provisions, &c., for ninety days for widow and family. Warrant of appraisement, form of. 38. Any executor or administrator neglecting to file an inventory after having been duly cited to file the same shall forfeit twenty dollars for each month's neglect, to be recovered in an action of debt by any person having an interest in the estate of the deceased. R. S., c. 100, s. 20; 1897, c. 2, s. 32. 39. In making the inventory the following articles shall be omitted, and shall not be considered as assets, or be administered as such, notwithstanding the estate of the deceased is insolvent, viz.: (a) All the paraphernalia and articles of apparel or ornament of the widow, according to the degree and estate of her husband, and also the apparel of the infant children. (b) The wearing apparel of the deceased, not exceeding forty dollars in value, which shall be distributed at the discretion of the executor or administrator among the family of the deceased. (c) Such provisions and other articles as are necessary for the reasonable sustenance of the widow and family of the deceased for ninety days after his death. R. S., c. 100, s. 21; 1897, c. 2, s. 33. 40.-(1.) The court, on granting probate or letters of administration, and as often afterwards as is necessary or CHAP. 158. advisable, shall by warrant of appraisement (form R, in the schedule), appoint two or more disinterested persons as appraisers, who shall estimate and appraise all the real and personal property of the testator or intestate. Two or more warrants per (2.) Where property is in different places two or more inventories and warrants of appraisement may be issued, and two or more missible if proinventories may be made. (3.) The appraisers shall aid the executor or adminis- Appraisers to trator in making the inventory. perty in different places. aid in making inventory. form of. (4.) Every appraiser shall, before making the appraise- Appraiser's oath, ment, make oath (form S), before the registrar or a justice of the peace, truly and impartially and according to the best of his knowledge and ability to appraise the property which is exhibited to him. indorsed on (5.) The taking of the oath shall be certified on the oath to be warrant of appraisement by the person administering the affidavit. same. returned with (6.) Every warrant of appraisement shall be returned Waarant to be with the inventory to the registry. R. S., c. 100, ss. 22, inventory. 23, 24; 1897, c. 2, ss. 34, 35, 36. CLAIMS OF CREDITORS. tors, advertise render within 41.-(1.) Every executor or administrator, previous to claims of credi the payment of debts or distribution of the estate of the ment for. to deceased, shall by advertisement in the Royal Gazette one year from newspaper, if the estate is under eight hundred dollars for date of grant. one month, and in all other cases for six months, call on all persons who have any demands upon the estate of the deceased to exhibit such demands within one year from the date of the advertisement, which shall bear the date of the probate or letters of administration. (2.) Such demands, when exhibited, shall be attested to Attestation of. by the claimant, or in his absence from the province by his agent, before the registrar, a commissioner of the Supreme Court, or a justice of the peace; and the affidavit shall be in the form T in the schedule. not to invalidate. (3.) No claim shall be rejected in the final decree for Informalities in, any mere informality in the same, or the attestation thereof, but the person claiming to be a creditor may amend the same. of limitations (4.) The creditor may file a copy of his claim with the Copy filed to registrar, and the filing thereof shall be held to be the prevent statute bringing of an action to prevent the operation of any running. statute of limitations. ed after one year and before final (5.) The executor or administrator, instead of waiting May be contestuntil the final settlement of the estate, may at any time after the said year has elapsed apply to the court to fix a settlement of estate. |