O. LVIII, rr. 2, 3. 697 Order for administration of estate of deceased, and of trust. [Cf. RR. 944, 950, (O); C. S. 1903, c. 112, s. 147). 698 Persons to be served. (A) Where summons issued by executor. [Cf. R. 939, (O)]. 2. Any of the persons named in the last preceding Rule in like manner apply for and obtain an order for may (a) (b) The administration of the personal estate of the deceased: The administration of the real estate of the deceased; (c) The administration of the trust. O. 55, r. 4, (E,. 3. The persons to be served with the summons under the preceding rules in the first instance shall be the following (that is to say): A. Where the summons is issued by an executor or administrator or trustee, (a) for the determination of any question, under subsections (a), (e), (f), or (g), of Rule 1, the persons, or one of the persons, whose rights or interests are sought to be affected ; (b) for the determination of any question under subsection (b) of Rule 1, any member or alleged member of the class; (c) for the determination of any question, under subsection (c) of Rule 1, any person interested in taking such accounts ; (d) for the determination of any question, under subsection (d) of Rule 1, any person interested in such money; (e) for relief under sub-section (a) of Rule 2, the residuary legatees, or next of kin, or some of them; (f) for relief under sub-section (b) of Rule 2, the residuary devisees, or heirs, or some of them; (g) for relief under sub-section (c) of Rule 2, the cestuis que trust, or some of them; (h) if there are more than one executor or administrator or trustee, and they do not all concur in taking out the summons, those who do not concur; O. LVIII, rr. 4-10. (B) Where B. Where the summons is issued by any person summons other person. 699 summons for etc. 4. Any mortgagee or mortgagor, whether legal or equit- Originating able, or any person entitled to or having property subject to a foreclosure, legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may issue, as of course, an originating summons, returnable before the Judge in Equity in Court or Chambers, for such relief of the nature or kind following as may by the summons be specified, and as the circumstances of the case may require, that is to say: Sale, foreclosure, delivery of possession by the mortgagor, redemption, reconveyance, delivery of possession by the mortgagee. O. 55, r. 5a., (E). 700 served with foreclosure, 5. The persons to be served with the summons under the Persons to be last preceding Rule shall be such persons as under the prac- summons for tice of the Supreme Court in Equity at the commencement of etc. these Rules, would be the proper defendants to an action for the like relief as that specified by the summons. O. 55, r. 5b., (E), am. 701 Special directions as to 6. The Court or a Judge may direct such other persons to be served with the summons as it or he may think fit. O. 55, service. r. 6, (E). [R. 940, (O)]. 702 [Cf. R. 941, (O)]. 7. The application shall be supported by such evidence as Evidence. the Court or Judge may require, and directions may be given as it or he may think just for the trial of any questions arising thereout. O. 55, r. 7, (E). 703 summons. 8. It shall be lawful for the Court or a Judge upon such Judgment summons to pronounce such judgment as the nature of the [Cf. R. 941, (0)]. case may require. O. 55, r. 8, (E). 701 service of [Cf. RR. 942, 9. The Court or a Judge may give any special directions Carriage and touching the carriage or execution of the judgment, or the judgment. service thereof upon persons not parties, as it or he may 949, (0)). think just. O. 55, r. 9, (E). 705 10. It shall not be obligatory on the Court or a Judge to Judge not pronounce or make a judgment or order, whether on summons bound to O. LVIII, rr. 11-14. 706 Orders which may be made or otherwise, for the administration of any trust or of the estate of any deceased person, if the questions between the parties can be properly determined without such judgment or order. O. 55, r. 10, (E). 11. Upon an application for administration or execution other than for of trusts by a creditor or beneficiary under a will, intestacy, administra tion. [R. 955, (O)]. 707 Interference with discre [R. 943, (O)]. or deed of trust, where no accounts or insufficient accounts have been rendered, the Court or a Judge may, in addition to the powers already existing (a) Order that the application shall stand over for a certain time, and that the executors, administrators, or trustees in the meantime shall render to the applicant a proper statement of their accounts, with an intimation that if this is not done they may be made to pay the costs of the proceedings; (b) When necessary, to prevent proceedings by other creditors, or by persons beneficially interested, make the usual judgment or order for administration, with a proviso that no proceedings are to be taken under such judgment or order without leave of the Court or Judge. O. 55, r. 10a., (E). 12. The issue of a summons under Rule 1 of this Order tion of trustee. shall not interfere with or control any power or discretion vested in any executor, administrator, or trustee, except so far as such interference or control may necessarily be involved in the particular relief sought. O. 55, r. 12, (E). 708 Claimants not coming in to prove, etc. excluded. 13. Where a judgment or order is given or made, whether in Court or in Chambers, directing an account of debts, claims, [Cf. R. 670, (O)) or liabilities, or an inquiry for heirs, next of kin, or other unascertained persons, unless otherwise ordered, all persons who do not come in and prove their claims within the time, which may be fixed for that purpose by advertisement, shall be excluded from the benefit of the judgment or order. 0.55, r. 44, (E). 709 Advertise ments. 14. Where an advertisement is required for the purpose [Cf. R. 670, (0)]. of any proceeding either in Court or in Chambers or before an official Referee, where a reference is directed, a peremptory advertisement, and only one, shall be issued, unless for any special reason it may be thought necessary to issue a second advertisement or further advertisements, and any advertisement may be repeated as many times and in such papers as may be directed. O. 55, r. 45, (E), am. 0. LVIII, rr. 15-18. 710 vertisements signed. 15. The advertisement for claimants and creditors shall By whom adbe prepared by the solicitor of the party prosecuting the prepared and judgment or order, and submitted to the Judge or Referee for approval, and when approved shall be signed by the Judge or Referee, as the case may be, and also shall be signed by the said solicitor. O. 55, r. 46, am. 711 [Cf. R. 701, (O)]. 16. Advertisements for creditors and other claimants shall Substance and form of adverfix a time within which each claimant, not being a creditor, tisement. is to come in and prove his claim, and within which each creditor is to send to the executor or administrator of the deceased, or to the Referee or such other party as the Judge shall direct, or to his solicitor, to be named and described in the advertisement, the name and address of such creditor and the full particulars of his claim, and a statement of his account and the nature of the security (if any) held by him. Such advertisements shall be in one of the Forms Nos. 2 and 3, Appendix L, with such variations as the circumstances of the case may require. At the time of directing such advertisement a time shall be fixed for adjudicating on the claims. O. 55, r. 47, (E). 712 Unless served creditor need with notice not attend. 17. No creditor need make any affidavit nor attend in support of his claim (except to produce his security) unless he is served with a notice requiring him to do so as hereinafter (R. 704, (O)]. provided. O. 55, r. 49, (E). 713 produce secur itics and evid ence of claim, if required. [R. 705, (O)]. 18. Every creditor shall produce the security (if any) Creditor to held by him before the Judge or Referee at such time as shall be specified in the advertisement for that purpose, being the time appointed for adjudicating on the claims, and every creditor shall, if required, by notice in writing (Form No. 4, in Appendix L.) to be given by the executor or administrator of the deceased, or by such other party as the Judge or Referee shall direct, produce all other deeds and documents necessary to substantiate his claim before the Judge or Referee at such time as shall be specified in such notice. O. 55, r. 50, (E), am. O. LVIII, rr. 19-23. 714 Creditor neglecting notice to lose costs. [Cf. R. 706, (O)]. 715 Examination and verifica [Cf. RR. 707, 708, (0)]. 19. In case any creditor shall neglect or refuse to comply with the last preceding Rule, he shall not be allowed any costs of proving his claim unless the Judge or Referee shall otherwise direct. O. 55, r. 51, (E), am. 20. The executor or administrator of the deceased, or such tion of claims. other party as the Judge or Referee shall direct, shall examine the claims of creditors sent in pursuant to the advertisement, and shall ascertain, so far as he is able, to which of such claims the estate of the deceased is justly liable, and he shall, at least seven clear days prior to the time appointed for adjudication, file an affidavit (Form No. 5, in Appendix L), to be made by such executor or administrator, or one of the executors or administrators, or such other party, either alone or jointly, with his solicitor or other competent person, or otherwise, as the Judge or Referee shall direct, verifying a list of the claims (Form No. 6, in Appendix L.), the particulars of which have been sent in pursuant to the advertisement, and stating to which of such claims, or parts thereof respectively, the estate of the deceased is in the opinion of the deponent justly liable, and his belief that such claims, or parts thereof respectively, are justly due and proper to be allowed, and the reasons for such belief. O. 55, r. 52, (E), am. 716 Affidavit verifying postponed. 21. In case the Judge or Referee shall think fit so to direct, claim may be the making of the affidavit referred to in the last preceding Rule shall be postponed till after the day appointed for adjudication, and shall then be subject to such directions as the Judge or Referee may give. О. 55, r. 53, (E), am. 717 Adjournment. Further evidence. 718 Adjudication on claims. [R. 710, (O)]. 22. Where on the day appointed for hearing the claims any of them remain undisposed of, an adjournment day for hearing such claims shall be fixed, and where further evidence is to be adduced, a time may be named within which the evidence on both sides is to be closed, and such directions may be given as to the mode in which such evidence is to be adduced. O. 55, r. 54, (E). 23. At the time appointed for adjudicating upon the claims of creditors, or at any adjournment thereof, the Judge or Referee may in his discretion allow any of the claims, or any part thereof respectively, without proof by the creditors, and direct such investigation of all or any of the claims not |