3988
THE NEW ZEALAND GAZETTE.
[No. 96

The Executors’ Commission Rules, 1935.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 12th day of December, 1935.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

PURSUANT to section forty of the Administration Act, 1908, His Excellency the Governor-General, with the advice and consent of the Executive Council and with the concurrence of the Right Honourable the Chief Justice and seven of the other members of the Rules Committee constituted under the Judicature Amendment Act, 1930 (three of such other members being Judges of the Supreme Court), doth hereby revoke the rules made under the first-mentioned Act on the seventh day of June, one thousand nine hundred and thirteen, and published in the Gazette on the nineteenth day of the same month, at page 1934, and in lieu thereof doth hereby make the rules hereinafter set out ; and doth hereby declare that such revocation shall take effect and the rules hereby made shall come into force on and from the date of publication thereof in the Gazette.

RULES.

1. These rules may be cited as the Executors’ Commission Rules, 1935.

PETITION.

2. Every application to the Court under the provisions of section twenty of the Administration Act, 1908, for the allowance to the executors of the will or the administrators or trustees of the estate of any deceased person of a commission or percentage out of the assets of the deceased shall be made by petition.

3. Such petition shall be in the form numbered 1 in the Schedule hereto, or to the like effect, and shall set forth the following particulars :—

(i) The date and place of the death of the deceased person :

(ii) The date and the name of the registry of issue of every grant of probate of the will or grant of letters of administration or appointment by the Court of an administrator of the estate of such deceased person, and the date of every deed of appointment of a new trustee ; and the name of every person taking office under any such instrument :

(iii) The name, calling, or description, and postal address of every person who is or may be affected by such application, showing whether such person is of full age or not, and including the personal representatives of any deceased beneficiary or other person affected :

(iv) In the case of any person referred to in the last preceding paragraph who is an infant, the names, callings, or descriptions, and postal addresses, of his or her parents and guardians, or of every person standing to such infant in loco parentis :

(v) An averment that there are no other persons who are or may be affected by the petition other than those whose names are set out therein :

(vi) The particulars of any commission or percentage previously allowed by the Court out of the assets of the deceased whether to the petitioners or to any other person for the time being an executor of the will or an administrator or trustee of the estate of the deceased :

(vii) An averment that the petitioners have not, nor has either or any of them, nor has any partner, relative, or servant of the petitioners, or of any or either of them, either directly or indirectly derived any profit, benefit, or advantage from or in connection with the realization or administration of the estate of the deceased person ; or if any such profit, benefit, or advantage has been so derived by any such person, then the petition shall set forth the particulars thereof :

(viii) The amount of the allowance which the petitioners pray to be allowed to them, and the basis or principle by which the same is arrived at :

(ix) A statement that the petitioners have duly executed the will or administered the estate of the deceased person down to the date shown in the accounts.