Section 188. Probate

PART XXVIII. Of Ggts in Contemplation of Death. 178. A man may dispose, by gift made in contemProperty trausferable by conplation of death, of any moveable property which he could templation death. dispose of by Will. A gift is said to be made in contemWhen a gift is said plation of death `u` here a man who is ill and expects to die to be made in contemplation of death. shortly of his illness, delivers to another the possession of any moveable property to keep as a gift in case the donor shall die of that illness, Such a gift may be resumed by the giver. It does not take Such gift resumable. effect if lie recovers from the illness &iring which it was When it fails. n~ade; nor if he survives the person to wlloul it was ma&. ==> picture [375 x 185] intentionally omitted <== 7 - - - -. * --eA% `%-...n-%mm>.` `C` `143` ACT No. X OF 1865. S (b) A being ill, and in cxpcctation of death, delivers to B the key of a trunk, or the `kcp` of a marehouse in which goods of bulk belonging to A are deposited, with the intention of giving him the control over the contents of the trunk, or over the deposited goods, and desires him to keep them in case of `A'*` death. A dies of the illness during which he delivered these articles. B is entitled to the trunk and its contents, or to A's goods of bulk in the warehouse. (c) A being ill, and in expectation of death, puts aside certain articles in separate parccls, and marks upon the parcels respectively the names of B and C. The parcels are not delivered during the life of A. A dies of the illness during which he set aside the parcels. `B` and C are not entitled `to` the contents of the PART X X I X . `Of` Grant of Probate and Letters `of` Admiaistration. `P79.` The executor or administrator, as the case may Character and propert~ of executor or ad- be: of a deceased person, is his legal representative for all ministrator as such. purposes, and all the property of the deceased person vests in him as such. 180,[When a Will has been proved and deposited ][in ][a Court of compe- ] tent jurisdiction, situated beyond the limits of the ProAdministration with mexed of vinc~, whetger in the British dominions, or in a foreign , t h e n t i c a k d ~ o ~ ~ o f Will . proved abroad. country, and a hroperly authenticated copy of the Will is produced, letters of administration may be granted with ' a copy of such copy annexed* 181. Probate can be, granted only to an executor appointed by the Will. Probate to be grant- ed to executor appoint- 182- The appoint~nent may be express or by necessary Illustratio~la. (a) [A ][wills that C be his executor if ][B ] [mill ][not; ] [1% ][is appointed executor by implication., ] (b) [A ][gives a legacy to ][B ][and several legacies to other persons, among the rest to his daughter-in- ] Isw, C, and adds, I' but should the within-named C be not living, I do constitute and appoint `U` my whole aqd sole executrix." C is appointed executrix by implication. (c) -4 I . . * `ACT` No. X OP 1865. (c) A appoints several persons executors of his Will and Codicils, and his nephew residuary legatee, and iu another Codicil are these words `:--"I` appoint my nephew my residuary legatee to discharge all lawhl demands ngainst my mill and Codicils, signtd of different dates." The nephew is appointed an executor by implication. `183.`[Probate cannot be granted to any person who is ][a ][minor ][or ] is of unsound mind, nor to a married woman withPersons to whom probate cannotbe granted. out the previous consent of her husband. 184. When several executors are appointed, probate may, be granted to them all simultaneously or ' at different times. Grant of probate 40 se*errnult~~eously a l or at different times. A is an executor of s's Will `,by` express appointment, and C an executor of i t by implication. Probate may be granted to A and C at the same time, or to A first and then to `C,` or to C Erst an2 then to A. 185. If a Codicil be discovered after the grant of probate, a ' Separate probate of[separate probate of that Codicil may be granted to the ] Codicil discovered after executor, if it in no way repeals the appointnient of grant of probate. executors made by the Will. If diff'erent executors are procedurewhn `$if-` appointed by the Co'dicil, the probate of the Will ferent appointed by the Codi- are appointed by the Codi- are are must be revoked, and a new probate granted of the cil. Will and the Codicil together. procedurewhn `$if-` ferent appointed by the Codi- are appointed by the Codi- are are cil. 186. When probate has been granted to several executors, and one of them dies, the entire representation of the testator accrues to the snrviving executor or executors. as.,,,L ual `"A` ,"y'xmU"U- ation to surviving executor. 187. No right as executor or legatee can be established in any N~ as executor Court of Justice, ullless a Court of competent jurisdicor lega6e can be estabtion within the Province shall have granted probate lished, unless probateor lettersofndmlllistratian of the Will under which the right is claimed, or shall have ahall have bee11 granted `by` `n,` competent Court. letters of administration under the one-hundred and eightieth Section. 188. Probate ACT No. X OF 1865. 145 188.[Probate of a Will when granted establishes ] tes- the Will from the death of the testator, and renders valid all intermediate acts of the executor as such. Probate establishes the Will from testator's death. 189.[Letters of administration cannot be granted ] to any person who is a minor or is of unsound mind, nor to a married woman without the previous consent of her husband. Persons t~ whom letters of administration xnay not begranted. 190, 'No right to any part of the property of a person who has died intestate can be established in any Court of Justice, unless letters of administration have first been granted by a Court of competent jurisdiction. No right to intestate's property can be established, unless istratiOn previously granted by a competent `3191,`[Letters of administration entitle the administrator to all rights ] from what period belonging to the intestate as effectually as if the letters of administration entitle administrator to intestate's rights. administration bad been granted at the moment after his death, 102. Letters of administration do not render valid any intermediate acts of the administrator, tending to the diminution or damage of the intestate's estate. Acts of administrator not validated `by` letters of administration. not validated `by` letters any intermediate acts of the administrator, tending to the