Section 210. When the Will is in the possession of a person residing out of the Province in which application for

210. When the Will is in the possession of a person residing out of the Province in which application for probate is made, who of copy has refused or neglected to deliver it up, but a copy has been transmitted to the executor, and it is necessary for Probate of copy where original exists. the interests of the estate that probate should be granted without waiting for the arrival of the original, probate may be granted of the copy so transmitted, limited uitil the Will or an authenticated copy of it be produced. `211,`[Where no ][Will ][of the deceased ][is ][forthcoming, but there is reason ] to believe that chere is a Will in existence, letters of be produced, produced, administration may be g ' ' " " ' Administration until the Will be produced, produced, `2x2.`[When ][any ][executor is absent from the Province in which appii- ] cation is made, and there is no executor within the Pro- Administi.ation, with to vince willing to act, letters of administration, with the Will annexed, may be granted to the Attorney of the absent executor, for the use and benefit of his principal, Administi.ation, with the Will to Attorney of an absent executor. limited until he shall obtain probate or letters of administration granted to himself. `213.`[When any person to whom, ][if ][prekent, letters ][[of administration with the ]][[MTill ][annexed might be grant- ]][[annexed might be grant- ]] `ea.` is absent from the province. letters of administration with the Will annexed may be granted to his Attorney, Administration, with 1 annexed, to I of an absent person, . &if . p:e?ent~ administer. 1 annexed, to I of an absent[[of administration with the ]][[MTill ][annexed might be grant- ]][[annexed might be grant- ]] limited as above-mentioned. 218,[When ][a ][person entitled to administration in case of intestacy is ] absent from the Province, and no person equally entitled to of absent is willing to act, letters of administration may be granted to adof to the Attorney of the absent person, limited as before mentioned. Administration to Attorney of absent person entitled to administer in case of intestacy. 215.[When ] [a ][minor is sole executor or sole ;esiduary legatee, letters ] Administration during[of ][administration, with the Will annexed, may be granted ] minority. to the legal guardian of such minor or to such other . `L` ACT No. X OF 1865. person as the Court shall think fit until the minor shall have completed the age of eighteen years, at which period and not before, probate of the Will shall be granted to him. 226. When[there are two or illore minor executors and no executor ] Adnlinistration until[who has attained majority, or two or more residuary lega- ] one of several minor gxecutors or residuary legatees and no residuary legatee who has attained'majority, tees attains majority, the grant shall be limited until one of them shall have 217.[If a sole executor or a sole universal or residuary legatee, or ][a ] person who would be solely entitled to the estate of the Administration for use and benefit of intestate according to the rule for the distrib~rtion of iuiiaii~ jus Aabeza. Aabeza. iuiiaii~ jus Aabeza. Aabeza. intestates' estates, be a Irrnatic: letters of administration, with or without the Will annexed, as the case may be, shall be granted to the person to whom the care of his estate has been committed by competent authority, or if there be no auch person, to such other person as the Court may khinlc fit to appoint, for the use and benefit of the lunatic until he shall become of sound mind. 218. Pending any suit touching the validity of the Will of a deceased Administration Q penperson, or for obtaining or revoking any probate or any devite `Me.` grant of letters of administration, the Court tnay appoir~t an administrator of the estate of such deceased person, who shall have all the rights and powers of a gefieral administrator, other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the Court and shall act under its direction. `(c.)` .For `Special` Purposes. 219.[If ][an exccutar be appointed for any lBited ptrrpose specified ][in ] Probate limited to[the Will, the probate shall be limited to that purpose, and ] purpose specified inthe if he should appoint an Attorney to take administration K1ill. on his behalf, the letters of adminiatration with the Will annexed shall accordingly be litnited, ACT No. X `OF` 1865. 41 53 I 220. I f an executor appointed generally give an authority to an Administration with 'Attorney to prove a Will on his behalf, and 'the authority the Will annexed ,- _ purpose. is limited to a articular purpose. the letters of administration with the Will annexed shall be.limited accordinelv: 221.[Where ][a ][person dies, leaving property of which he was the sole ] .or surviving trustee, or in which he had no berleficial Administration limit- granted to the person beneficially interested in the property, or to some ot.her person on his behalf. 222.[When ][it ][is necessary that the representative of a person deceased ] Administration limit- be made a party to a pending suit, and the executor or ed to a suit. person entitied to administration is unabie or unwiliing to act, letters of administration may be granted to the nominee of a party in such suit, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be cornrnenced in the same or in any other Court between the parties, or any other parties, touching the matters at issue in the said cause or suit, and until a final decree shall be made therein and ,carried into complete execution. 223.[I f a t the expiration of twelve lnonths from the date ] [~f ][any pro- ] bate or letters of administration, the executor or adminis- Administrationlimit- `ed` `to` the purpose ofbe- trator to whom the same has been granted is absent from be lawful. for such Court to grant, to any person whom it may think fit, letters of administration limited to the purpose OF becoming and being made a party to a suit to be brought against the executor or administrator, and carrying t h e decree ahich may be made therein into effect. 224. I n any case in which it may appear necessary for preserving the administration Kmi- property of a deceased person, the Court within whose . .ACT .No. X OF 1865.. tration lilnited to the collection and preservation of the property of the detibns of' the Court. 225. %lThen a person has died intestate, or leaving a Will of which nppointnlent as ad. there is no execu&r willing and competent to act, or where ministrator, of pelson other khan the olle ,phO[the executor shall, at the time of the death ] [of ][such person, ] stances would ordinary circunl- be enti- b i resident out of the Province, and it shall appear to the tled to administration. Court to be necessary or convenient to appoint some person to administer the estate or any part thereof, other than the person who sanguinitg, anlourkt of interest, the safety of the estabe, and probabi1it.y that ii wili be properly @mi~i,~tered; to appoint such person as he shall think fit to.be administrator, and iu every such case letters of administration may be 226.[Whenever the nature of the case requires that an exception ][be ] 227.[Whenever the nature ] [tf ][the case requires- that an exception be ] Administ ration with made, letters of administration shall be granted subject to such excep tian, Administ ration with Probate ' or a d ~ i n i - tration ol tbe rest. of . 1 b 1 .of probate or letters of administration. as the case may be, of the rest of the cl eceased's estate. 229. If the execut,or to whom probate has been granted have died tering such part of {,he estate. admillistration to those persons only to whom original grants might have been made. `2311.` Wlien a limited grant has expired' by effluxion of time, or the Administration when llappeninff of the Administration when estate unad&inist&ed.- `232.`[Errors in names and ][ description^, ][or ][in ][setting forth the time ][and ] What errors may be[place of the deceased's death, or the purpose in a limited ] rectifiedb~ the Court. grant, may be rectified by the Court, and the grant of probate or letters of administration inay be altered and amended accordingly. ACT `KO.` X OF 1866. `(/L` ) Recocutio?~ of Grants. Ite~ocation or aunulmerit for just cause, 234. The grant of probate or letters or adlilinist,raof . -,-:..:~L.-~:,.grant of probate tion mav be revoked or annulled for just cause. &Jzplanation.- Just cause is-1 st, that the proceediugs t'o obtain the grant were defective in substance ; 2nd, that the grallt Just cause." was obtained fraudulently by making a false suggestion, or b~r concealing fr0n.l the Court something material to the case; 3rd, that the grant was obtained by means of an untrue allegation of a fact essential in point of lam to justify the grant, though s~tch allegatioil was made in ignorance or inadvertently; 4th, that the grant has become ~~selcss and inoperative through circumst,ances. (a)[The court by which the grant was made had no jurisdiction. ] ( h )[The grant was made without citing parties who ought to have been cited. ] (c)[The Will of which probate was' obtaiued was forged or revoked. ] (d) [A ][obtained letters of administration to the estate of' ][B, ][as ][his widow, but it has siuce transpired ] tl~at slle was never married to him. ( e ) A has take11 adn~inistratiol~ to the estate of €3 as if he had died intestate, but a will has since been discovered. (.f)[Since probate was granted, a later Will has been discovered. ] (g)[Since probate was granted, ][a ][Codicil has been discovered, which revokes ][or ][addb to the ] 3nnointment o[executors under the Will. ] to whom probate was or letters of administration were granted has subseqrcently `(k)`['J'hepersoll ] I~ecome of nnsoal~d mind. i I I 9P.BK. The District Judge shall have inrisdi.ction' .Turisdiction of Dis- in his Co~lrt del~tal~dihg l)istrict ~~d~~ into Court any paper or writing being or purporting to be papers. or under the control of such person ; and if it, be not sllvwn that noy such paper or writing is in the possession or under the control of sucl~ ~~erson, but there is reason to believe that he has the knowledge of a.ny suc21 `k` paper or writing, the Court may direct such person to attend for the IJurpose of I~eing examined respecting the same, and such person sliall be bound to answer such questions as may be put to him by the Court, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment under the Indian Penal Code, in case of default in not attending or in iiot ailswering such questions or not bringing in sucll paper or writing-, ;IS he would have been subject to in case lie had been a party to a suit, and had r~iacte such default, and the costs of the proceeding shill1 be in the discretion of the Judge. `238.` The proceedings of the Court of the District Judge in relation bile Code of Civil Procedure. . . AC'S No. X OF 1865. bict Judge is to interfere for the protectmion of, pr0pert.y. deceased person is situate, is authorized and required to' 240.[Probat,e of the ][TVill ][or letters of administration to the estate of ][a ] deceased person nlay be granted by the District Judge verified a.s hereinafker mentioned, of tile person apply ing abode, or any property, moveable or immoveable, within the jurisdiction of the Judge. e 24%.[Probate or letters of administration sltall have effect over all ][the ] property a n d estate, moveable or immovealole, of the Conclusiveness of or letters of deceased, throughout the Province in which the same is `"S` I ACT KO. X'OF 1865. such probate or letters of ndministration shall h a ~ e been granted. Conclusiveiiess of :cppIication for procoiiclusi~e for the purpose of authorizing the grant of death, ullless by a poceeding to revoke the grant if obtained by a fraud written inEnglish or in the language in ordinary use ir\, Petition for probate. proceedings before tlie Court in which the applioation is made, with the Will annexed, and stating the time of the testator's death, that the writing annexed is his last Will and testament, that it was duly ex, ecuted, and that the petitioner is the executor therein named; and in addition to these particulars, when the application is to the District Judge, the petition sliall further state that the deceased at the t#ime of his death had his fixed place of abode, or had some property, moveable or immoveable, situate 245.[I n ][cases wherein the Will ][i~ ][written in any language other than ] English or- t.han that in ordinary use in pl-oceedings before `I r l` what cnses translatiol~ ofwill to be an- the Couri, there shall be a translation thereof a,~lncxed to aexed to the petition. the petition by a trauslator of the Court,' if Llle language be one for which a transl.ator is appointed; or if the Will be in any. other Verification of transS U C ~ traanslation shall be verified by that person in the lation made by any fullo~vin~ manner :-" I `(d` B) do declare that I read aild perfectly understand the language and character of' the originral, a'nd tlmt the above is a true and accurate translation thereof." ,