In case of renunciation or failure to take probate, right of executor gone
32 In case of renunciation or failure to take probate, right of executor gone
Where an executor renounces probate of the will, or dies without having taken probate, or where, being personally cited to take probate, he does not appear to such citation, the right of such executor in respect of the executorship shall wholly cease; and the representation to the testator and the administration of his estate shall go, devolve, and be committed in like manner as if such person had not been appointed executor.
33. Where infant is executor etc.
Where an infant is sole executor, administration with the will annexed may be granted to the guardian of such infant, or to such other person as the Court thinks fit, until such infant has attained the age of 18 years, with full or limited powers to act in the premises until probate has been granted to the said executor.
The person to whom such administration is granted shall, unless otherwise ordered, have the same powers vested in him as any ordinary administrator with the will annexed.
[Section 33 amended: No. 46 of 1972 s. 6(2).]
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