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taken to prove his Will till 1846, and in the mean time an administration had been obtained limited to his interest in the remainders of two terms, on an allegation that he was dead intestate, without citation of, or renunciation by, the parties entitled to the general grant; the Court refused a cæterorum probate to the sole executrix, and stopped the practice of making such grants of administration for the assignment of terms without citation.
In a modern case (h), the testator died in March, 1827, having made a Will, appointing two executors, and leaving his only two children, daughters, both married, his residuary legatees: A suit in Chancery against the deceased abated by his death: From time to time search was made, on the part of the suitor in Chancery, if any Will had been proved, or administration taken, but without success : and in October, 1827, his solicitor wrote to the husbands of the daughters, inquiring whether they would take out administration, and apprising them of the necessity of obtaining a personal representative to the deceased's estate: Similar communications had been made to the solicitor and nephew of the testator; apprising them also of an intended application to the Court; but no answers were returned: A decree with intimation was then extracted, calling upon the daughters to show cause, why an administration should not be granted to a nominee of the suitor in Chancery, limited to substantiate proceedings there : Every reasonable effort was made to serve the decree on the daughters, but the husband of one would not permit access to his wife, and would give no information as to the other sister, whose residence could not be discovered: In December, 1827, the limited administration was decreed, and the proceedings in Chancery were revived: In Easter Term, 1828, the executors, who at last proved the Will, called in the administration, on the ground that the decree was not personally served : But the Court, on petition, directed it to be redelivered out, and condemned
(h) Harris v. Milburn, 2 Hagg. 63.
the executors in costs : observing that the regular course would have been to take probate cæterorum, and if there was any fear of collusion, the executors might have intervened in the Chancery suit. Finally, an administration limited to the effects of the Administration
limited to a deceased in one country or place may be committed to one particular administrator, and an administration limited to those in place. another country or place to another (i).
It may happen that a man dying possessed of goods in two provinces, makes his Will of the goods only in one of them, and dies intestate as to the goods in the other province; and in such case administration may be granted as to the goods whereof he died intestate (k).
So a case may occur, where a trustee dies, leaving the whole of his beneficial property in the province of one archbishop, and the trust property in the province of the other, and his executors, in consequence, decline to prove in the latter; under such circumstances, administration with the Will annexed may be granted to the party beneficially entitled under the trust, limited to his interest in the trust property (1). On a late occasion (m) administration was obtained in the Prerogative Court of Canterbury, limited to assign a mortgage term in a property situate within the diocese of Bath and Wells, the Will of the deceased having been originally proved in the Prerogative, but the executor of his executor having obtained probate in the diocesan Court of Gloucester (n).
In a modern case (o), the original Will having been proved in an inferior jurisdiction, where the deceased died within the province of Canterbury, the Prerogative Court of that
(*) Bac. Abr. Executors, (C. 4.) Hagg. 195. See Fowler v. RichToller, 106.
ards, 5 Russ. Chanc. Cas. 39. Ante, (k) Godolph. Pt. 2, c. 30, s. 5.
p. 276, 277. See ante, p. 219, 334.
(n) See also in the goods of (1) In the goods of Ferrier, 1 Wells, 2 Robert. 356. Hagg. 241. Le Briton v. Le (0) Crosley 0. Archdeacon of Quesne, 2 Cas. temp. Lee, 261. Sudbury, 3 Hagg. 197.
(m) In the goods of Powell, 3
province granted a limited administration to assign a satisfied term situate in another of his own dioceses : and, on the ground that the grant of the probate would not be revoked by the present one, nor the other property of the deceased, nor his representatives, be thereby disturbed, the Court refused to enforce a monition to the inferior Judge to transmit the Will.
CHAPTER THE FOURTH.
OF THE ADMINISTRATION BOND TO THE ORDINARY.
under stat. 22
In this Chapter it is proposed to consider the security required of an administrator, upon administration being committed to him.
The statute 21 Hen. VIII. c. 5, s. 3, directs the Ordinary to grant administration " taking surety of him or them to whom shall be made such commission : " and the statute 22 & 23 Car. II. c. 10, s. 1, further provides that, “all Bond to the
Ordinary by Ordinaries, as well as the Judges of the Prerogative Courts administrator “ of Canterbury and York for the time being, as all other & 23 Car. 11. “ Ordinaries and Ecclesiastical Judges, and every of them,
having power to commit administration of the goods of “persons dying intestate, shall and may upon their respective
granting and committing of administrations of the goods of persons dying intestate, after the first day of June, "1671, of the respective person or persons to whom any “ administration is to be committed, take sufficient bonds “ with two or more able sureties (a), respect being had to “the value of the estate, in the name of the Ordinary, with “the condition in form and manner following, mutatis conditioned “ mutandis, viz.
“ The condition of this obligation is such, that if the to make a true within-bounden, A. B., administrator of all and singular
inventory, &c.: “the goods, chattels, and credits of C. D., deceased, do "make or cause to be made a true and perfect inventory of “all and singular the goods, chattels, and credits of the said “ deceased, which have or shall come to the hands, possession,
(a) By the practice of the Prero- deceased wife, enters into bond gative Court of Canterbury, a hus- with one surety: In the goods of band, taking administration to his Noel, 4 Hagg. 208.
or knowledge of him the said A. B., or into the hands and “possession of any other person or persons for him, and the
same so made do exhibit or cause to be exhibited into the
next ensuing : to administer
“And the same goods, chattels, and credits, and all other well and truly: "the goods, chattels, and credits, 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 A. B., or into the “hands and possession of any other person or persons for
“him, do well and truly administer according to law: " to make a true “And further do make, or cause to be made,'a true and and just
just account of his said administration at or before the administration: 16
: And all the rest and residue of the “said goods, chattels, and credits which shall be found remaining upon the said administrator's account, the same
being first examined and allowed of by the Judge or Judges to deliver and for the time being of the said Court, shall deliver and pay pay the residue “unto such person or persons respectively, as the said shall appoint: “Judge or Judges by his or their decree or sentence, pur
suant to the true intent and meaning of this Act, shall
“ limit and appoint: and to deliver “And if it shall hereafter appear, that any last Will and
, the letters, if
“testament was made by the said deceased, and the a Will shall appear. “ executor or executors therein named, do exhibit the same
“into the said Court, making request to have it allowed “and approved accordingly, if the said A. B. within-bounden,
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."
“Which bonds are hereby declared and enacted to be good to all intents and purposes, and pleadable in any
“ Courts of Justice." Application to If the bond given to the Ordinary under this statute has the Court in
been forfeited, the Ecclesiastical Court must be prayed, at order to the