deceased. And every such inventory shall be subscribed by the person making or causing the same to be made by the witnesses aforesaid. Proc. No. 28 of 1902. Transmission of *17. Every person herein before required or directed to make or cause to be made any such inventory as aforesaid, shall so inventory to Master soon as the same has been made, forthwith deliver or transmit or Resident Magisevery such inventory (a) To the Master, if such person shall reside in Pretoria (b) To the Resident Magistrate when such person shall and every such Resident Magistrate shall cause the duplicate 18. Notwithstanding anything herein before contained, it shall be lawful for the Supreme Court or any Judge thereof, or the Master, on sufficient cause appearing at any time to order that an inventory of any property belonging to any deceased person or to the joint estate of any deceased person, and the surviving spouse shall be taken by any person named in such order. trate. Inventory by Supreme Court, Judge or Master. 19. Every person who is required by the fourteenth, Particulars resixteenth and eighteenth sections of this Proclamation to make quired as to immovany inventory, shall include therein a specified list of all able property. immovable property wherein to his knowledge the deceased had an interest at the date of his death, and if possible a reference to the title under which the deceased held such interest and the date of such title. 20. Every person who shall fail to comply with the provisions of the fourteenth, the sixteenth or seventeenth sections of this Proclamation shall, in addition to any penalty provided by this Proclamation or any other law, be liable to a penalty not exceeding twenty pounds, or in default of payment to imprisonment with or without hard labour for any period not exceeding three months. Penalty clause. 21. If any person required and directed, under and by Penalty for false virtue of the provisions of the fourteenth, sixteenth and inventory. eighteenth sections of this Proclamation, to make, or cause to be made, an inventory of any estate, goods, or effects, shall wilfully make a false inventory thereof, every such offender shall, upon conviction, be liable to punishment by imprisonment with or without hard labour for any period not exceeding five years, or by a fine not exceeding five hundred pounds, or by both such imprisonment and such fine. See Government Notice 548 of 1903 (Gazette, 12th June, 1903, p. 1159) as to collection of Stamp Duties under Law 15 of 1899, Proc. No. 28 of 1902. Possession by survivor of estate in community of pro. perty until institution of proceedings for settlement. Custody of estate of persons not married in community. Appointment of curator bonis until issue of letters of administration. Letters of administration. CUSTODY OF ESTATE PENDING ISSUE OF LETTERS OF ADMINISTRATION. 22. When one of two spouses who have been married in community of property shall die, the joint estate shall remain under the charge of the survivor, until the executor of the deceased, or the tutor testamentary or dative of the minor children of the marriage, or the Master or curator bonis, lawfully appointed to such minor children, shall take proceedings for the administration, distribution, and final settlement of the said joint estate: Provided always that nothing herein contained shall prevent any such joint estate from being placed under sequestration as insolvent. 23. On the death of any person, not being one of two spouses, married in community of property, the husband or wife of the deceased, or in default or absence of the husband or wife the child or children of the deceased, or in default, absence or minority of the child or children the next of kin of the deceased, or in default, absence or minority of the next of kin, the person who at or immediately after the death shall have the chief charge of the house in, or of the place on which the death shall occur, shall secure and take charge of all goods and effects of whatever description belonging to the deceased, and being in the house or upon the premises at the time of death, and shall retain the same in his or her custody or possession until delivery thereof shall be demanded by the executor of the deceased or by any other person lawfully appointed by the Supreme Court or any Judge thereof, or the Master to receive delivery of the same. So, 24. In all cases where it may be necessary or expedient to do the Master may appoint a curator bonis to take the custody and charge of any estate, until letters of administration shall be granted to executors, testamentary or dative, for the due administration and distribution thereof; and every such curator bonis may collect such debts and may sell or dispose of such perishable property belonging to the estate as the Master shall specially authorise: And every appointment made by the Master of any curator bonis shall, on the application of any person having an interest in such estate, be subject to be reviewed and confirmed or set aside by the Supreme Court or any Judge thereof; and such Court or Judge by whom such appointment shall be set aside may appoint some other fit and proper person to be curator bonis. LETTERS OF ADMINISTRATION. 25. The estates of all persons dying either testate or intestate shall be administered and distributed according to law under letters of administration to be granted in the form contained in the Schedule hereunto annexed, marked "B" by the Master to the testamentary executors duly appointed by such deceased persons, or to such persons as shall in default of testamentary executors be appointed executors dative to such deceased persons in manner hereinafter mentioned. Proc. No. 28 of 1902. Letters of admini appointed by will. 26. In all cases in which any deceased person shall by will or codicil have duly appointed any person to be his stration to executor executor, the Master shall, upon the written application of such executor, forthwith grant letters of administration to him so soon as such will or codicil shall have been registered in the office of the Master: Provided always that if it shall appear to the Master, or if any person by writing, lodged with the Master, shall object that any will or codicil by virtue whereof any person shall claim to be the testamentary executor of any person deceased is not in law sufficient to warrant and support such claim, then, and in every such case, letters of administration may be refused by the Master until the validity and legal effect of such will or codicil shall have been determined by the judgment of some competent Court, or until such objection as aforesaid shall have been withdrawn by the person by whom the same was made or until such persons shall have had sufficient time to apply to such Court as aforesaid, for an order restraining the issue of letters of administration: Provided also, that letters of administration shall not be granted to any such executors as aforesaid, who shall at the time of making such written application, be or reside beyond the limits of the Colony; and that, if the Master shall have reason to believe that any such last mentioned executor, although he may at the time of making such application be within the Colony, will not remain within the Colony until he has finally liquidated and settled the estate to be administered by him, the Master may refuse to grant letters of administration to such executor until he shall find sufficient security for the due and faithful administration by him of such estate. 27. When any person shall have died without having by any valid will or codicil appointed any person to be his executor, or where any person duly appointed to be the executor of any deceased person shall have predeceased him, or shall refuse or become incapacitated to act as such, or shall within such reasonable time as the Master shall deem sufficient, neglect or fail to obtain letters of administration, then and in every such case, the Master shall cause to be published in the Gazette and in such other manner as to him shall seem fit a notice, calling the surviving spouse (if any) the next of kin, legatees and creditors of the deceased to attend at his office at the time therein specified to see letters of administration granted to such person or persons as shall then be appointed by him, executor or executors to the estate of such deceased person: Provided always, that when it shall appear to the Master necessary or expedient so to do, it shall be lawful for him in such notice to call such persons as aforesaid to attend before any Resident Magistrate at such time and place as may be appointed for the purpose of proposing some person or persons to be by such Magistrate recommended to the Master as fit and proper to be by him appointed executor or executors. Proceedings on failure of appointment of executors, or on death, incapacity or refusal to act. Proc. No. 28 of 1902. In case of insolvency of estate. Competition for the office of executor dative. Review of Master's appointment by Court or Judge. tutors of minors And the Master shall, at the meeting so to be holden at his office, or upon receiving the report of such Resident Magistrate, appoint such person or persons as to him shall seem fit and proper to be executor or executors of the estate of the deceased and shall grant letters of administration accordingly, unless it shall appear to him necessary or expedient to postpone such appointment and to call another or other such meeting or meetings as aforesaid: And provided also that when it shall appear to the satisfaction of the Master that the estate of any such deceased person as is herein before mentioned is manifestly insolvent, then, and in every such case, it shall not be necessary for him to take any such proceeding as aforesaid for the appointment of an executor or executors. 28. In every case in which a competition shall take place for the office of executor dative, the surviving spouse, whom failing the next or some of the next of kin whom failing a creditor or creditors, whom failing a legatee or legatees, shall be preferred by the Master to the office of executor: Provided always that nothing herein contained shall prevent any one or more of the above-mentioned classes of persons from being conjoined in the said office with one or more of any of the above-mentioned classes of persons; and that when it shall appear to the Master, or to the Supreme Court, or any Judge thereof on reviewing the appointment of the Master that any good reason exists against the appointment of all or any of the above-mentioned persons or classes of persons as executor or executors, any such person or class of persons may be passed by and some other fit and proper person or persons may by the Master, or by such Court or Judge, be appointed executor or executors: And provided also that every such appointment so made by the Master, shall, on the application of any person having an interest in such estate, be subject or reviewed, and confirmed or set aside by the Supreme Court or any Judge thereof, and such Court or Judge by whom any such appointment shall be set aside, may appoint some fit and proper person or persons to be executor or executors. Appointment of 29. When it shall happen that any of the next of kin or where minors would creditors or legatees of any deceased person shall be minors, have been entitled under the guardianship of any tutor duly appointed then and to appointment. will. in every such case such tutor shall be entitled to be preferred to the office of executor dative under the provisions of the last preceding section in like manner in all respects as the minor whose tutor he is, would, if of full age, have been entitled to be preferred to that office under the provisions of the said section. Assumption of 30. Nothing herein contained shall prevent any testaexecutors under power contained in mentary executor from assuming any other person or persons as executor or executors of the testator under and by virtue of any power for that purpose to him committed by such testator by his will or codicil; Provided always that no person shall be entitled or qualified to act as assumed executor unless letters of administration shall have been granted to Proc. No. 28 of 1902. Letters of adminis executors. him as such during the lifetime of the executor, testamentary by the Master, who shall grant the same on production to him of the will or codicil by which the assumption of such executor tration to assumed is authorised and of the deed by which such testamentary executor has assumed such person as executor. And every provision of this Proclamation and of every other law applicable or relating to or affecting executors shall be deemed and taken to be and shall apply and relate to and affect every such executor so assumed. Proceedings in case or removal of testa 31. When by reason of any testamentary or assumed executor to whom letters of administration shall have been of death, incapacity granted having died or become incapacitated to act as such or mentary or assumed having been removed from his office by the decree of any executors. competent Court there shall not remain for the administration of the estate any executor whatever, or so many executors, either testamentary or assumed as by the provisions of the will or codicil by which such executors were appointed or permitted to be assumed, shall be required to form a quoruin of executors, and when it shall happen that any executor dative, shall, after letters of administration have been granted to him, die, or become incapacitated, or be removed in manner aforesaid, then, and in every such case, proceedings in order to the appointment of an executor in place of such executor so dying, or becoming incapacitated, or removed, shall be taken by the Master in like manner in all respects as herein before provided by the provisions of the twenty-seventh, twenty-eighth and twenty-ninth Sections of this Proclamation. 32. Letters of administration granted to any person as testamentatory executor, shall at all times be subject to be revoked and annulled by the decree of the Supreme Court, on the proof to the satisfaction of such Court, that the will or codicil, in respect of which, such letters have been granted to such person, is null, or has been revoked, either wholly or in so far as it relates to the nomination of such executor: and letters of administration granted to any person as executor dative, shall be at all times subject to be revoked and annulled by the Master, on production to him of any will or codicil by which any other person who shall then be legally capable and qualified and who shall consent to act as executor, has been legally nominated testamentary executor to the estate which such executor dative has been appointed to administer: Provided always that is, the non-production of such will or codicil, prior to letters of administration having been granted to the executor dative has been owing to the fault or negligence of the person therein nominated testamentary executor such person shall be personally liable for, and may be compelled at the instance of the Master, or any person interested, to make good to the estate all expenses which have been incurred in respect of, and with reference to, the appointment of the executor dative. 33. Every executor dative, assumed executor or curator bonis shall, before he shall be permitted to enter on the Revocation of letters of administration by decree of Court, or in some instances by Master. Security for due administration. |
