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Report No. 19

14. Recall of Administrator-General's administration and grant of probate, etc., to executor or next-of-kin.-

If an executor or next-of-kin of the deceased, who has not been personally served with a citation or who has not had notice thereof in time to appear pursuant thereto, establishes to the satisfaction of the Court a claim to probate of Will or to letters of administration in preference to the Administrator-General, any letters of Administration granted in accordance with the provisions of this Act to the Administrator-General

[Section 18, main para.]

(a) shall be revoked, if a Will of the deceased is proved in the State;

[Section 18, proviso part.]

(b) may be revoked, in other cases, if an application for that purpose is made within six months after the grant to the Administrator-General and the Court is satisfied that there has been no unreasonable delay in making the application, or in transmitting the authority under which the application is made;

[Section 18, proviso, part.]

and probate or letters of administration may be granted to such executor or next-of-kin as the case may be.

Administrator-Generals Act, 1913 Back

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