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 15

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