Where a sole executor becomes lunatic it is the ordinary Executor becoming practice of the Court to make a limited grant to his committee lunatic. for his use and benefit during his lunacy (h), but with the consent of the committee a grant with the Will annexed may be made to a residuary legatee (i); but if there is no committee the only way of clearing off a lunatic executor is by citation (k). tor becoming The practice as to administration where a grant has been Administramade to a single administrator as next-of-kin, and such next- lunatic. of-kin becomes insane, is stated as follows by Sir F. H. Jeune in In the Goods of Cooke (1). committee "First, where such a lunatic has been so found by inquisition, 1. Where and there is a committee of the property, the grant is made to has been such committee for the use of the lunatic, so long as he shall appointed. remain a lunatic. The first grant is not, in such case, impounded. committee, but person' under s. 116 "Secondly, where the lunatic is not so found by inquisi- 2. Where no tion, but, under s. 116 of the Act of 1890, a person has been appointed with general authority over the lunatic's property, appointed such person has been, and it seems to me reasonably so, of Lunacy treated in the same way as if he were a committee of the with general lunatic's estate. 66 66 Act, 1890, authority. 3. Where has only such person powers. Thirdly, if a person appointed under s. 116 has conferred upon him only specified powers falling short of general powers, such person is not to be considered to be in the same position specified as a committee of the lunatic, and is not entitled to a grant. 'Fourthly, where there is no committee, and no person in the position of a committee, the practice has been to make a grant to another of the next-of-kin of the deceased for the use of the lunatic next-of-kin, so long as he shall remain a lunatic, and the precaution in that case is taken of having the first grant impounded." 66 Fifthly, it is not the practice to inquire whether the lunatic is likely to recover, and in the event of its appearing 4. Where committee there is no and no person in position of committee. No new grant lunatic not though likely to recover. One of joint administra lunatic. that he is not likely to recover, to revoke the old grant, and to make an absolute grant to the other next-of-kin." In the case of a defect in legal representation occasioned tors becoming by the lunacy of one of several administrators the joint administration should be brought into the registry and revoked and a special administration granted to the sane administrator (m). Exceptional. To cestui que trust limited SECT. 9.-Administration limited to specific effects. There may also be a grant of administration limited to certain specific effects of the deceased and the general administration may be committed to a different person. But grants of this nature are entirely exceptional, and should not be made unless a very strong reason is given (n). The Court will grant letters of administration to the cestui que trust of a trust fund, limited to that fund, after the after death of death of the trustee, on the consent of his personal represen to trust fund, trustee. To effects in a particular country or place. Revival of representa tion necessary for performance of a single act' tatives (o). An administration limited to the effects of the deceased in one country or place may be committed to one administrator, and an administration limited to those in another country or place to another (p). And where the deceased leaves a Will expressly limited to property abroad, which is proved by the executors in the foreign Court, but dies intestate as to property in this country, administration of the property in this country will be granted to the next-of-kin (q). SECT. 10.-Administration limited to specific acts. It frequently happens that the representation is broken by the death of a sole executor intestate, and its revival is necessary merely for the performance of a single act. In such (m) In the Goods of Newton, (1843) (0) Pegg r. Chamberlain, (1860) 1 Ratcliffe, [1899] P. 110; In the Goods of Butler, [1898] P. 9. 293 (P) Williams (10th ed.) 419. (7) In the Goods of Mann, [1891] P. cases, administration with the Will annexed will be granted limited to that particular object. For instance, when the representatives of a trustee, in whom a term of years or charge was vested, are dead, a limited administration to another trustee for the purpose of making an assignment will be granted (1). Or to com mence or sub stantiate Administration may be granted limited to commencing or substantiating proceedings in Chancery, but such an appointment is in many cases rendered unnecessary by R. S. C., Ord. proceedings in Chancery. XVI. r. 46, which enables the Court to proceed in the absence of any person representing the estate of the deceased or to appoint some person to represent his estate for all the purposes of the proceeding. Although, generally, this rule will not be applied where the estate of the deceased is that which is being administered, or against which relief is sought in the action, yet the Court has a discretion; and where, owing to the great lapse of time since a fund was paid into Court by executors, every endeavour to trace the representatives of the testator had failed, the Court directed inquiries as to the persons legally and beneficially entitled to the fund without the suit being revived (s). The Court will not grant a general administration where an administration ad litem is sufficient, as where the purpose is limited (t). But a limited administration is not sufficient in a case which, from its nature and character, according to the practice of the Court, involves general inquiries as to next-of-kin, or general inquiries as to assets and creditors (u). (r) Williams (10th ed.) 413; In the Goods of Butler, [1898] P. 9. (*) Ballard ť. Milner, W. N. 14. (1895) (t) Williams (10th ed.) 416. 21 Hen. VIII. c. 5, s. 3. 22 & 23 Car. CHAPTER VIII. OF THE SECURITY REQUIRED OF AN ADMINISTRATOR. STAT. 21 Hen. VIII. c. 5, s. 3, directed the Ordinary to grant administration "taking surety of him or them to whom shall be made such commission for the true administration of the goods, chattels, and debts which he or they shall be so authorised to minister." Stat. 22 & 23 Car. II. c. 10, s. 1, provides that all II. c. 10, s. 1. Ordinaries and judges having power to commit administration shall upon committing administration take sufficient bonds with two or more able sureties, respect being had to the value of the estate, and the form of bond is given in the Act. 20 & 21 Vict. c. 77. Bond now given to the judge: These provisions as to the surety bond or other security to be taken were repealed by s. 80 of the Court of Probate Act, 1857; and s. 81 of the same Act provides that "every person to whom any grant of administration shall be committed shall give bond to the judge of the Court of Probate to enure for the benefit of the judge for the time being, and, if the Court of Probate or (in the case of a grant from a district registrar) the district registrar, shall require, with one or more surety or sureties, conditioned for duly collecting, getting in, and administering the personal estate of the deceased, which bond shall be in such form as the judge shall from time to time by any general or special order direct; provided, that it shall not Treasury soli- be necessary for the solicitor for the affairs of the Treasury or the solicitor of the Duchy of Lancaster applying for or obtaining administration to the use and benefit of her Majesty to give any such bond as aforesaid." with one or more sureties if required. citor or soli citor of Duchy of Lancaster excepted. Penalty of bond. By s. 82, "Such bond shall be in a penalty of double the amount under which the estate and effects of the deceased shall be sworn, unless the Court or district registrar, as the case may be, shall in any case think fit to direct the same to be reduced, in which case it shall be lawful for the Court or district registrar so to do; and the Court or district registrar may also direct that more bonds than one shall be given, so as to limit the liability of any surety to such amount as the Court or district registrar shall think reasonable" (a). administra Where an estate has been partly administered and a further After part bond becomes necessary, the Court will allow the administrator tion. to take the grant for the amount then due to the estate, on giving a bond with two sureties for double that amount (b). enforcing By s. 83, "The Court may, on application made on motion Mode of or petition in a summary way, and on being satisfied that the bond. condition of any such bond has been broken, order one of the registrars of the Court to assign the same to some person, to be named in such order, and such person, his executors or administrators, shall thereupon be entitled to sue on the said bond, in his own name, both at law and in equity, as if the same had been originally given to him instead of to the judge of the Court, and shall be entitled to recover thereon as trustee for all persons interested the full amount recoverable in respect of any breach of the condition of the said bond." bond. The bond is conditioned upon the doing of four things: Condition of first, to make a true and perfect inventory of the personal estate and effects of the deceased; second, to administer the estate; third, to make an account of the administration if required; and fourth, to pay the residue to the persons entitled to it (c). amounts to When the administrator applies and converts to his own What use the effects of the intestate, so that those effects are entirely breach. lost to the estate of the intestate, that is such a breach of the condition of the bond by which the administrator undertakes "well and truly to administer according to law," as will entitle the next-of-kin to have the bond put in suit at their instance (d). (a) For cases on these sections see Williams (10th ed.) 422 et seq., and Tr. & Coo. P. P. (14th ed.) pp. 87 et seq. (b) In the Goods of Halliwell, (1885) 10 P. D. 198; In the Goods of Oakey, [1896] P. 7. (c) Dobbs v. Brain, [1892] 2 Q. B. 207, 213. (d) Arch. of Canterbury . Robertson, (1833) 1 Cr. & M. 690. |