delegate doubtful whether the probate or letters of administration should or
should not be granted, or when any question arises in relation to the grant, or
application for the grant, of any probate or letters of administration, the
district delegate may, if he or she thinks proper, transmit a statement of the
matter in question to the High Court which may direct the district delegate
to proceed in the matter of the application, according to such instructions as
to the High Court may seem necessary, or may forbid any further proceeding
by the district delegate in relation to the matter of the application, leaving the
party applying for the grant in question to make application to the High
Court.
257. Procedure where there is contention, or district delegate thinks
probate, etc. should be refused in his or her court.
In every case in which there is contention, or the district delegate is of
opinion that the probate or letters of administration should be refused in his
or her court, the petition, and any documents that may have been filed with
it, shall be returned to the person by whom the application was made in order
that they may be presented to the High Court, unless the district delegate
thinks it necessary, for the purposes of justice, to impound them, which he
or she is authorised to do; and in that case he or she shall send them to the
High Court.
258. Grant of probate to be under seal of court.
Where it appears to a judge of the High Court or a district delegate that
probate of a will should be granted, he or she shall grant probate under the
seal of his or her court in the following manner—
“I, _______________________, judge of the High Court (or
district delegate) appointed for granting probate or letters of
administration in ____________________________, (here insert
the limits of the delegate’s jurisdiction) make known that on the
______ day of _______________, in the year ______, the last
will of _______________________________________, late of
______________________, a copy of which is annexed, was
proved and registered before me, and that administration of the
property and credits of the deceased, and in any way concerning
his or her will, was granted to _________________, the executor
named in the will, he (or she) having undertaken to administer
the will, and to make a full and true inventory of the property and
credits, and exhibit it in this court within six months from the
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