Bill 47 (Legislature 14, Session 1)

L14 S1 5937

Alberta — Bills

No. 47 1st Session, 14th Legislature, Alberta 8 Elizabeth II BILL 47 A Bill to amend The Trustee Act HON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1960

Explanatory Note General. The Trustee Act (R.S.A. 195'5,

chapter 346) is amended to cure a defect in respect of

section 33.

Section 33 (1) reads: "33. (1~ Where any deceased person commUted a wrong to another in respect of his person or of his real or personal property, except in cases of libel and slander, the person so wronged may maintain an action against the executors or administrators of the deceased person who committed the wrong." Where no executor or administratm' is appointed within a year after the death in respect of the estate of a deceased wrong-doer, no action can be brought against his estate. The appointment within that period of an administrator ad litem will not assist. (See Farish and Ellison v.

Papp and Patterson (19'5'8) 23 W.W.R. (N.S.) 690). This amendment would permit bringing an action in such a case against an administrator ad litem within the time limited for bringing an action.

BILL No. 47 of 1960

An Act to amend The Trustee Act (Assented to , 1960) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Trustee Act, being

chapter 346 of the Revised Statutes, is amended by adding immediately after

section 33 the following: 33a.

(1) Where a person wronged is unable to maintain an action under

section 33 because neither letters probate of the will of the deceased person nor letters of administration of the deceased person's estate have been granted within six months after the death, a judge of the Supreme Court may, on the application of the person wronged and on such notice as he may deem proper, appoint an administrator ad litem of the estate of the deceased person, whereupon (

a) the administrator ad litem is an administrator against whom and by whom an action may be brought under

section 33, and (

b) a judgment in favour of or against the administrator ad litem in any such action has the same effect as a judgment in favour of or against, as the case may be, the deceased person, but it has no effect whatsoever for or against the administrator ad litem in his personal capacity.

(2) This

section applies whether the wrong was com mitted or the deceased person died before or after the commencement of this section. 2. This Act comes into force on the day upon which it is assented to.

No. 47 FIRST SESSION FOURTEENTH LEGISLATURE 8 ELIZABETH II 1960 BILL

An Act to amend The Trustee Act Recei ved and read the First time .... Second time ....................................... . Third time ......................................... . HON. MR. MANNING Title: 1960 (14th, 1st) Bill 47,

An Act to amend The Trustee Act

Document details

Collection	Alberta — Bills
Citation	L14 S1 5937
Type	bill
Volume / chapter	L14 S1 5937
Language	en
Format	json
Source	PROVINCIAL
Identifier	379c25335867137275922e5b671759e670b3a180

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