Page images
PDF
EPUB

assigned to the contrary the bond must be for double the amount at which the estate is sworn; though,

4539. Variable Circumstances.-There are many circumstances which may lead to a modification of the amount of an administration bond; thus,

4540. Only One-Thirtieth.-An estate was sworn under £3,000, and the intestate's debts were shown not to exceed £45. The widow of the intestate was the only person claiming to be entitled to the deceased's personalty, and she applied for administration. The bond required of her was only in £100 (about double the amount of the debts), with two sureties in that amount, but that is the only record that can be quoted as a leading exception to the general rule.

4541. Additional Bond.—An estate was sworn under £20,000, and a bond in £40,000 was entered into accordingly. Afterwards, more property was discovered, so that it had to be re-sworn as under £25,000. The bond for £40,000 was then declared insufficient, and was ordered to be made £50,000.

FORM OF BOND.

4542. The following is somewhat the form of the bond required, in case of administering to the estate of an intestate :—

Know all men by these presents, that we, Charles Dixon [the administrator], of Milford, in the county of Kent, Edward Flower and George Houghton [the sureties], both of Milford aforesaid, are jointly and severally bound unto [name in full] the Judge of her Majesty's Court of Probate, in the sum of Five Thousand pounds of good and lawful money of Great Britain, to be paid to the said judge, or to the judge of the said Court for the time being, for which payment well and truly to be made we bind ourselves and each of us for the whole, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated the 20th day of January, in the year one thousand eight hundred and seventy.

The condition of this obligation is such, that the above-named Charles Dixon, son-in-law of John Smith, late of Hopgood, in the said county of Kent, deceased, who died on the first day of January, 1870, do, when lawfully called on in that behalf, make or cause to be made a true and perfect inventory of all and singular the personal estate and effects of the said deceased, which have or shall come to his hands, possession, or knowledge, or into the hands or possession of any other person for him, and the same so made do exhibit or cause to be exhibited into the District Registry of Canterbury, attached to Her Majesty's Court of Probate, whenever required by law so to do, and the same personal estate and effects, and all other the personal estate and effects of the said deceased, at the time of his death, which at any time after shall come to the hands or possession of the said Charles Dixon, or into the hands or possession of any other person, or persons, for him, do well and truly administer according to law (that is to say), do pay the debts which the said

John Smith did owe at his decease, and further do make, or cause to be made, a true and just account of his said administration, whenever required by law so to do; and all the rest and residue of the said personal estate and effects do deliver and pay unto such person, or persons, as shall be entitled thereto, under an Act of Parliament, intituled, “An Act for the Better Settling of Intestate Estates;" and if it shall hereafter appear that any last will or testament was made by the said deceased, and the executor or executors therein named do exhibit the same unto the said Court, making request to have it allowed and approved accordingly, if the said Charles Dixon, being thereunto required, do render and deliver the said letters of administration (approbation of such testament being first had and made) in the said Court, then this obligation to be void and of none effect, or else to remain in full force and virtue.

Signed, sealed, and delivered; in the presence of either a "Commissioner" of the Registrar ; or

The Registrar; or,

The Clerk of the Registrar.

PROBATE BOND.

4543. The bond required, where there is a will (4508) without executors, or where the executors renounce the office, requires, instead of an administration according to law, an administration according to the will; in all other respects it is like the foregoing.

AFFIDAVIT OF SURETIES.

4544. Power is reserved to compel each surety to make affidavit that he is worth one half of the penalty, for which the following form is provided :—

In Her Majesty's Court of Probate.-The District Registry of Canterbury. In the goods of John Smith, deceased.

The 20th day of January, 1870.

We, Edward Flower and George Houghton, both of Milford, in the county of Kent, jointly and severally make oath that we are the proposed sureties on behalf of Charles Dixon, the intended administrator of all and singular the personal estate and effects of the said John Smith, late of Hopgood, in the said county of Kent, deceased, in the penal sum of £5,000, for his faithful administration of the said personal estate and effects of the said deceased; and I, the said Edward Flower, for myself make oath, that I am, after payment of all my just debts, well and truly worth, in money and effects, the sum of £2,500; and I, the said George Houghton, for myself make oath, that I am, after payment of all my just debts, well and truly worth, in money and effects, the sum of £2,500.

Sworn before me, &c., &c.

THE GRANT.

4545. When the aforesaid bond is duly executed, the "letters of administration," in the following form, will be granted :-

In Her Majesty's Court of Probate.-The District Registry of Canterbury. Be it known, that on the 20th day of January, 1870, letters of administration of all and singular the personal estate and effects of John Smith, late of Hopgood, in the county of Kent, deceased, who died on the 1st day of January, 1870, at Edinburgh, intestate, were granted by Her Majesty's Court of Probate to Charles Dixon, the nephew and next of kin of the said intestate, he having been first sworn well and faithfully to administer the same, by paying the just debts of the said deceased, and distributing the residue of his estate and effects according to law, and to exhibit a true and perfect inventory of all and singular the said estate and effects, and to render a just and true account thereof when. soever required by law so to do.

(Signature of the Registrar.)

SUBSEQUENT DISCOVERY OF A WILL. 4546. Administration Cancelled.—Should administration be granted on the presumption of intestacy, and a will be afterwards produced and legally proved to be genuine, the original letters of administration must be cancelled.

4547. Void Acts.-In some cases where administration is superseded by the after discovery of a will, the acts of the administrator may become void, so far as they can be recalled; but,

4548. Administrator Absolved.—An administrator, acting in good faith, cannot be held responsible for property actually disposed of by him previously to the finding of a will.

THE INVENTORY.

4549. Former Practice.-Formerly, if an administrator neglected to exhibit the "inventory" referred to in the foregoing bond, he thereby incurred the penalty of the bond, whether cited to exhibit or not; but,

4550. Present Practice.—According to modern practice, neither the executor nor administrator exhibits any inventory, or anything of the kind whatsoever, unless he be cited for that purpose at the instance of an interested party; yet,

4551. Promptitude Required.—When the executor or administrator is cited to exhibit the inventory, he must do so promptly, or incur the penalties of contempt of Court as well as the forfeiture nominated in the bond.

4552. By the Court.-Citation never issues by the mere spontaneous action of the Court; but,

4553. Any Interested Person.-Any person interested, or appearing to be interested, upon tender of evidence to justify that course,

Or other relation, as the case may be; or, if not a relation, then "creditor," or other qualifying designation, as the case may be. Compare also form of probate (4497).

may require the Court to issue a citation for the exhibition of inventory.

4554. Creditors and Legatces.-Creditors not paid in full, and claimants, in however remote a degree, whether as legatees or by succession, are empowered, unless their claim is satisfied, to move the Court for the issue of a citation for exhibition of inventory.

4555. Completeness Required.—When citation issues for an inventory, it is required to be made with great completeness. The whole assets, debts, payments, and entire disposal of the estate, must be set forth with the minutest exactitude, or it may be open to unlimited litigation; but,

4556. To Time of Death Only.-It has been laid down that the Court can only require a statement as regards all the deceased owed and was possessed of at the time of his death; for,

4557. Subsequent Profits.--The inventory need not include profits, which may have arisen after the death of deceased, by a continuance of his business.

EFFECTUAL ANSWER.

4558. Answer to the citation will be accepted by the Court without an inventory if its exhibition can be proved a needless or vexatious requirement.

4559. Applicants Defeated.-A legacy was agreed to be paid in three instalments. The executor paid the first two instalments, and tendered the amount of the third; but the legatee, having some suspicion, declined to accept the tender, and elected, instead, to move for citation for inventory. The Court held that there was no necessity for exhibition of inventory.

4560. Sufficiency of Assets.—Several cases have arisen where the claim of the Court to an inventory has been waived, upon an admission of sufficient assets to meet the demand of the party moving for inventory.

4561. Lapse of Time.-Time, also, absolves executors from the obligation to exhibit.

4562. Forty-five Years.-Claims by citation for inventory have been made as long as forty-five years after probate; and

4563. Various Periods.—In other cases, after thirty-five, twentyfour, and eighteen years respectively, but such claims have been rejected by the Court; however,

4564. No Express Limitation.-There is no statutable or otherwise determined time established for barring claims to inventory. 4565. No Power of Objection.-The Court of Probate has no power of itself to take objection to an inventory;

4566. With the exhibition thereof, the power of that Court ceases. 4567. If any claimant who demands an inventory has any ob. jection to make to such inventory when exhibited, the Court of Probate cannot entertain his objection.

4568. He must seek redress by process of a County Court if the matter is under £500, or, if over that amount, in the Court of Chancery.

CUSTOM OF LONDON.

4569. By the custom of London, if any man or woman, free of the City, die, leaving an orphan within age, and not married, the mayor and aldermen are empowered (at their discretion) to compel the executor or administrator to appear at a Court of Orphanage, and exhibit an inventory; and in case any debt appear to be outstanding, to give security to the Chamberlain to render upon oath a true account of the same when received; and on his refusal may commit him till compliance. Nor does his having given security to the Court of Probate release him from the obligation of the custom.

PAY AND PROPERTY OF DECEASED
SEAMEN AND SOLDIERS.

CHECK UPON PROBATE AND ADMINISTRATION.

4570. Probate and administration of the personal estates of deceased seamen and soldiers can only be granted with the sanction of the naval or military authorities respectively.

SEAMEN.

4571. Probate.--The executor under a sailor's will, made in respect of any pay or prize money, must send such will to the Inspector of Seamen's Wills or to the Treasurer of the Navy, where, when approved, it will be stamped and returned to the executor, who thereupon can procure probate.

4572. Administration.—Administration to an intestate sailor's unpaid wages or prize money may be obtained by giving notice of next of kin to the Inspector of Seamen's Wills or the Treasurer of the Navy, by whom authority to proceed for administration will be furnished.

« EelmineJätka »