The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 28
The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 28
Ontario. High Court of Justice
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R. 239, and Haldan v. Smith, 25 C. P. 349. So that under Rule 311, this was a case for the appoint- ment of a general administrator, or none at all, an admin- istration pendente lite was out of the question. But whatever may have been the several powers of the Court in this respect, the plaintiff's rights cannot be more extensive than those conferred upon him by the order appointing him ; and that order appears to me from its form, not to be one under Rule 310 nor under Rule 311. Under section ...310, the form would be the short, simple, and common one, in these or the like words : This Court doth order that be appointed to represent the estate of deceased, for the purposes of this action. Under Rule 311, whether the appointment were general or pendente lite, the form would be short and simple like the form of letters of administration in the Surrogate Court, and containing sufficient information for the pur- poses of the paragraph (b), and security would doubtless be required (see Stanley v.
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