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The Pamphlet Collection of Sir Robert Stout: Volume 69

Succession

Succession.

22. Applications for a certificate under sections 45, 47, or page 6 48 of the said Act may be in the form numbered [unclear: thirteen] as to realty, and fourteen as to personalty, in the [unclear: Schedule] hereto.

23. A certificate under section 45 of the said Act [unclear: shall] be in the form numbered fifteen in the Schedule, and a [unclear: certificate] under sections 47 or 48 shall be in the form [unclear: numbered] sixteen.

24. A certificate or succession order will be delivered [unclear: by] the Registrar to the person entitled thereto after the [unclear: expi] of three calendar months from the date of such [unclear: certificate] or order, or, if application for rehearing is made, [unclear: after] such application has been refused or a decision made upon rehearing had.

25. Any person applying to the Court for an order [unclear: under] section 9 of the said amending Act (1889) must produce [unclear: to] the Court satisfactory evidence that the deceased [unclear: Native] died possessed of personal estate not exceeding £200.

26. The Court may, if it think fit, require any person [unclear: as] pointed to administer personal estate under section 9 of the said amending Act (1889), within such period as the Court, on making the order under that section, shall direct, to file in the office of the Registrar a full and distinct account in writing, of his administration of the estate, which shall set forth the dates and particulars of all receipts and disbursements. Such period may be extended or diminished as the Court may from time to time think fit.

27. Before an order under section 9 of the said amending Act (1889) is delivered to any person appointed thereby to administer the estate of a deceased Native, the Court may it think fit, require sufficient security to be given by such person by executing a bond in the form numbered seventeen in the Schedule, with or without one or more sureties, for the proper administration of such estate.

28. An order under section 9 of the said amending Act (1889) may be in the form numbered eighteen in the Schedule. Such order shall not be delivered to the person entitled thereto until proof is produced to the Registrar that all succession duty, if any, has been paid.

29. If a will within the meaning of section 9 of "The Land Transfer Act 1885 Amendment Act, 1889," has been made, and not revoked or varied by any subsequent writing intended to be a testamentary disposition, no certified or succession order will be made in respect of the estate, share, or interest of the testator in any real estate affected by such will, unless and until probate of such will has been refused by a Court of competent jurisdiction.

30. The Registrar shall attach to each application for a page 7 succession order in respect of realty a minute stating whether the deceased person appears upon the title as an owner of the land in respect of which the application is made, and whether any previous order has been made in respect of his interest therein.