Chapter 6:01
ADMINISTRATION OF ESTATES
(c) he finds sufficient security to the satisfaction of the Master or
Assistant Master, as the case may be, for the due and faithful
administration by him of such estate.
25 Appointment of executor
(1) When any person has 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
has predeceased him or refuses or becomes incapacitated to act as
such, or within such reasonable time as the Master considers
sufficient, neglects or fails 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 seems fit, a notice
calling upon the surviving spouse, if any, and 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 may then be appointed by him executor
or executors, to the estate of such deceased person.
(2) When it appears to the Master necessary or expedient so to
do, he may in such notice call upon such persons as aforesaid to
attend before any 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.
(3) The Master shall at the meeting so to be held at his office, or
upon receiving the report of such magistrate, appoint such person or
persons as to him seems fit and proper to be executor or executors
of the estate of the deceased, and shall grant letters of
administration accordingly, unless it appears to him necessary or
expedient to postpone such appointment and to call another, or
other such meeting or meetings, as aforesaid:
Provided that when it appears to the satisfaction of the Master that
the estate of any deceased person as is hereinbefore mentioned is
manifestly insolvent, then and in every such case it shall not be
necessary for him to take any such proceedings as aforesaid for the
appointment of an executor or executors.
26 Competition for the office of executor dative
In every case in which a competition takes place for the office of
executor dative the surviving spouse, or failing him or her the next or
some of the next of kin, or failing him or them a creditor or creditors,
or failing him or them failing a legatee or legatees, shall be preferred
by the Master to the office of executor:
Provided that—
(i) nothing in this section shall prevent any one or more of the
above classes of persons from being conjoined in the said office
with one or more of any of the above-mentioned classes of
persons;
September 2000-09-27
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