Chapter 6:01
ADMINISTRATION OF ESTATES
any restriction imposed by such will or other instrument, the High
Court may grant its consent on behalf of any such unborn person,
whether already conceived or not, to the alienation or mortgage of
such property as if such unborn person were a minor in esse.
61 Duties of surviving spouse appointed executor testamentary
Every surviving spouse who has been appointed executor
testamentary of his or her deceased spouse shall, so soon as the
estate of the deceased has been administered and an account
thereof framed according to law—
(a) secure the inheritances ascertained by the said account to be
due to the minor children or descendants of the deceased
spouse in such manner as the deceased spouse has directed or
failing such direction by deed of kinder-bewys in customary
form; or
(b) pay the said inheritance into the hands of the Master.
62 Revision of accounts
The Master may, upon any administration and distribution account
being tendered, require proof that section fifty-eight and sixty-one
have been duly complied with and may refuse to accept or file such
account until he is satisfied.
63 Particulars to be sent to Registrar of Deeds
The Master shall from time to time furnish the Registrar of Deeds
with a return giving the name of every person married in community
of property with regard to whom or to whose estate an inventory has
been filed, showing that such person had at the time of his or her
death an interest in any immovable property registered in the name
of his or her surviving spouse. Such return shall embody all material
information respecting such property, and the interest therein, of the
deceased which is contained in the inventory lodged with the Master
and in the will, if any, of the deceased.
64 State, Master and Registrar exempt from liability in certain
cases
No omission to render any such return as is by section sixty-three
required, no rendering of an incomplete return and no transfer of a
mortgage bond bona fide passed before the Registrar of Deeds
against section fifty-seven, and no error or omission in any bond
accepted by the Master to secure the inheritances of minor children
and no release from or cancellation of any such bond bona fide
made by the Master shall subject the State, the Master or the
Registrar of Deeds to any liability in respect of damage sustained by
any person in consequence of such omission, return, transfer,
mortgage, acceptance, release or cancellation.
Estates under $4000
65 When Master may summarily appoint executor dative
(1) In all cases in which it appears from the death notice or
inventory filed in respect of the estate of any deceased person, and
September 2000-09-27
31
Select target paragraph3
Add to table of contents