4498. Parchment Copy.-When the will is proved, the original is deposited in the registry, and a copy thereof, on parchment, is made out under the seal of the Court, and delivered to the executor. 4499. Certificate. The parchment copy is accompanied by a certificate that the will has been proved; and THE PROBATE. 4500. The certificate and parchment copy, taken together, are called the probate. 4501. Reference to Only One Executor.—The most ordinary number of executors to an important will is three, but one is sufficient, and one only is referred to in our examples, in order to avoid complication in elucidating the object of the documents. 4502. No Bond Required.—An executor, upon obtaining probate, is not required to enter into a bond (4508). BY A NON-EXECUTOR. 4503. When a will fails to nominate an executor (4457), or when all the executors of a will have renounced (4457), and the applicant for probate is therefore not an executor-nominate, there is some considerable difference in the proceedings. 4504. Form of Affidavit.—The form of affidavit for probate, by a non-executor, must be as follows: I, Charles Dixon, of Milford, in the county of Kent, make oath and say, that I believe the writing hereunto annexed to contain the true and original last will and testament of John Smith, of Hopgood, in the said county, deceased, and that I am the next of kin (4384) [or, residuary legatee, or, principal creditor]; that I will faithfully, &c. (4485). DEATH OF EXECUTOR. 4505. Before Testator.-When there is a formal will, and the executor dies before the testator, the affidavit must include an expression to that effect, somewhat as follows :— That the executor therein named died before the death of the said John Smith. 4506. Before Probate. When the executor dies after the testator, but has failed to obtain probate, then :— That the executor therein named died without having taken probate of the said will, RENUNCIATION. 4507. When the executors nominated by the will have duly renounced, then : "The executors named in the said will having duly renounced the office;" but, THE BOND. 4508. The most important distinction between an application for probate by an executor and a non-executor is, that the latter is required to enter into a probate bond, of a like character to that required from an applicant for administration of an intestate estate (4533); as however, after all, 4509. Rare Experience.—It is very rare for wills to be made without executors or for all executors under a will to die or renounce; and therefore, 4510. Rare Application.-Probate is very rarely applied for by any person who is not an executor; consequently, 4511. Consideration Referred.-The consideration of a probate bond may be referred to the administration bond required to be entered into by administrators in intestacy (4533). LETTERS OF ADMINISTRATION. INTESTACY ESSENTIAL. 4512. Intestacy (4260) is essential to the granting of "letters of administration;" for, 4513. In Lieu of Probate.-Letters of administration are in lieu of the probate, which is invariably granted upon proof of a will. 4514 Next of Kin.—The next of kin (4384) of an intestate has a paramount claim to letters of administration, if such person thinks proper to press it, to the exclusion of every one else; but, 4515. Inferior Claimants.—If there is no superior claimant (a), then stands in the first position; and 4516. No High Degree.-If there be no kindred of higher degree than for h, then the eldest, in either of those degrees respectively, stands in the first position; and 4517. Renunciation.-If a renounces then 6 has the next claim; and 4518. Secondary Renunciation.-If all kindred of higher degree than for h renounce, then the eldest in either of those degrees respectively (male, if any of age) has the next claim; while, 4519. Creditors.-If there be no known kindred, or all known kindred have renounced, the largest creditor (k) of the intestate has the best claim. 4520. Manner of Renunciation.—The rules with regard to renunciation of administration are precisely the same as those for renunciation of executorship (4331); with the understanding that, 4521. Superior Renunciations Essential.-An inferior claimant cannot legally procure letters of administration until all superior claimants have duly renounced; but, 4522. Operative Acts.—If a person with an inferior qualification for the office of administrator (say k), does any act or thing which commits him to the office (4355), he must proceed with it subject to the penalty (4462), unless some person with a superior qualification (say h) volunteers to relieve him of it; for, 4523. Bound to Proceed.-An acting administrator is bound to procure letters of administration within the like time and in like manner as an acting executor is bound to procure probate (4479). 4524. After Seven Days.-An acting administrator, being the next of kin, or having procured the requisite renunciation or renunciations in his favour, may effectually apply for letters of administration, any time exceeding seven days after the death of the intestate. THE AFFIDAVIT. 4525. Upon applying for letters of administration, the administrator must make affidavit in like manner as upon an application for probate (4484). 4526. Simple Form.-When an intestate leaves a widow or a son, the form of the affidavit is much simplified if such survivor makes it; thus, 4527. Example.-A form for an affidavit by the son of an intestate, upon applying for administration, may be as follows: In the goods of John Smith, deceased. I, William Smith, of Milford, in the county of Kent, make oath and say, that John Smith, late of Hopgood, in the said county of Kent, deceased, died intestate, and that I am his eldest surviving son; that I will faithfully administer the personal estate and effects of the said deceased, by paying his just debts, and distributing the residue of his estate according to law (4485); that I will exhibit, &c., the same as for probate (4485). 4528. According to Law.-The most noticeable distinction between an affidavit for administration and one for probate is the expression "according to law" (4527), instead of "according to his will" (4485). 4529. After Renunciation.—When superior relations have renounced in favour of an inferior relation, words in accordance with the facts must be inserted in the affidavit. MORE COMPLICATED FORM. 4530. When an intestate leaves only distant relations, or no known relations, some additional complication arises in making an affidavit for administration of his estate. 4531. Extreme Case.-An extreme case of an intestate dying without relatives of near degree, or none at all, is illustrated in the following form : In the goods of John Smith, deceased. I, Charles Dixon, of Milford, in the county of Kent, make oath and say, that John Smith, late of Hopgood, in the said county of Kent, deceased, died a bachelor, without surviving parent, brother or sister, uncle or aunt, nephew or niece, and intestate, and that I am the lawful cousin-german and one of the next of kin of the deceased (i) [or one of the lawful creditors of the deceased (4)]; that I will faithfully administer the personal estate and effects of the said deceased by paying his just debts and distributing the residue of his estate according to law (4528); that I will exhibit, &c., the same as for probate (4485). 4532. Additional Affidavit.-After the first affidavit for administration has been duly made, an additional affidavit must be made, corresponding to the one required for probate (4486). THE BOND. 4533 When the requisite affidavits for administration have been duly made, the most important business of entering into the administration bond has to be gone through; for, 4534. Faithful Administration.—Contrary to the immunity enjoyed by executors (4502), administrators are invariably required to enter into a bond with sureties for the faithful administration of the estate; and 4535 Two Sureties.-The established practice, in the majority of cases, is to require two sureties; though, 4536. One Surety.-When a widower voluntarily administers to his late wife's estate (2517), or when an estate is under £50 in value, one surety is usually accepted as sufficient. 4537- Discretionary Amount.-The amount for which an administration bond must stipulate is somewhat at the discretion of the registrar; but, 4538. Double Amount.-Unless some sufficient reason can be assigned to the contrary the bond must be for double the amount at which the estate is sworn; though, 4539. Variable Circumstances.-There are many circumstances which may lead to a modification of the amount of an administration bond; thus, 4540. Only One-Thirtieth.—An estate was sworn under £3,000, and the intestate's debts were shown not to exceed £45. The widow of the intestate was the only person claiming to be entitled to the deceased's personalty, and she applied for administration. The bond required of her was only in £100 (about double the amount of the debts), with two sureties in that amount, but that is the only record that can be quoted as a leading exception to the general rule. 4541. Additional Bond.—An estate was sworn under £20,000, and a bond in £40,000 was entered into accordingly. Afterwards, more property was discovered, so that it had to be re-sworn as under £25,000. The bond for £40,000 was then declared insufficient, and was ordered to be made £50,000. FORM OF BOND. 4542. The following is somewhat the form of the bond required, in case of administering to the estate of an intestate :— Know all men by these presents, that we, Charles Dixon [the administrator], of Milford, in the county of Kent, Edward Flower and George Houghton [the sureties], both of Milford aforesaid, are jointly and severally bound unto [name in full] the Judge of her Majesty's Court of Probate, in the sum of Five Thousand pounds of good and lawful money of Great Britain, to be paid to the said judge, or to the judge of the said Court for the time being, for which payment well and truly to be made we bind ourselves and each of us for the whole, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated the 20th day of January, in the year one thousand eight hundred and seventy. The condition of this obligation is such, that the above-named Charles Dixon, son-in-law of John Smith, late of Hopgood, in the said county of Kent, deceased, who died on the first day of January, 1870, do, when lawfully called on in that behalf, make or cause to be made a true and perfect inventory of all and singular the personal estate and effects of the said deceased, which have or shall come to his hands, possession, or knowledge, or into the hands or possession of any other person for him, and the same so made do exhibit or cause to be exhibited into the District Registry of Canterbury, attached to Her Majesty's Court of Probate, whenever required by law so to do, and the same personal estate and effects, and all other the personal estate and effectof the said deceased, at the time of his death, which at any time after shall come to the hands or possession of the said Charles Dixon, or into the hands or possession of any other person, or persons, for him, do well and truly administer according to law (that is to say), do pay the debts which the said |