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PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 78

Discretionary power as to appointment of administrator in certain cases.

78. Where a person has died or shall die wholly intestate as to his personal
estate, or leaving a will affecting personal estate, but without having
appointed an executor thereof willing and competent to take probate, or where
the executor shall at the time of the death of such person be resident out of
the United Kingdom of Great Britain and Ireland, and it shall appear to the
Court to be necessary or convenient in any such case, by reason of the
insolvency of the estate of the deceased, or other special circumstances, to
appoint some person to be the administrator of the personal estate of the
deceased, or of any part of such personal estate, other than the person who,
if this Act had not been passed, would by law have been entitled to a grant of
administration of such personal estate, it shall not be obligatory upon the
Court to grant administration of the personal estate of such deceased person
to the person who, if this Act had not passed, would by law have been entitled
to a grant thereof, but it shall be lawful for the Court, in its discretion,
to appoint such person as the Court shall think fit to be such administrator,
...; and every such administration may be limited as the Court shall think
fit.

© 1857 Crown Copyright

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