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Report No. 26

Chapter IX

Administration in Insolvency of Estates of Deceased Persons

84. Administration in insolvency of estates of deceased persons.-(1) Any creditor of a deceased debtor whose debt would have been sufficient to support an insolvency petition against the debtor if the debtor had been alive, may present to the court within the limits of whose ordinary original civil jurisdiction the debtor resided or carried on business for the greater part of the six months immediately prior to his decease, a petition in the prescribed form praying for an order for the administration of the estate of the deceased debtor under this Act.

(2) Upon the prescribed notice being given to the legal representative of the deceased debtor, the court may, upon proof of the petitioner's debt, unless the court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased, make an order for the administration in insolvency of the deceased debtor's estate, or may upon cause shown dismiss the petition with or without costs.

(3) A petition for administration under this section shall not be presented to the court after proceedings have been commenced in any court of justice for the administration of the deceased debtor's estate; but that court may, in that case, on proof that the estate is insufficient to pay its debts, transfer the proceedings to the court exercising jurisdiction in insolvency under this Act, and thereupon the last-mentioned court may make an order for the administration of the estate of the deceased debtor, and the like consequences shall ensue as under an administration order made on the petition of a creditor.

[New] [Cf. section 108, P.T.A.]

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