Provided that no citation to take a grant shall issue while proceedings as to the validity of the will are pending.
(4) A person cited who is willing to accept or take a grant may apply ex parte to the registrar for an order for a
grant on filing an affidavit showing that he has entered an appearance and that he has not been served by the
citor with notice of any application for a grant to himself.
(5) If the time limited for appearance has expired and the person cited has not entered an appearance, the citor
may in the case of a citation under(a) paragraph (1) of this rule, apply to the registrar for an order for a grant to himself;
(b) paragraph (2) of this rule, apply to the registrar for an order that a note be made on the grant that the executor
in respect of whom power was reserved has been duly cited and has not appeared and that all his rights in respect
of the executorship have wholly ceased;
(c) paragraph (3) of this rule, apply to the registrar by summons (which shall be served on the person cited) for
an order requiring that person to take a grant within a specified time or for a grant to himself or some other
person specified in the summons.
(6) An application under the last foregoing paragraph (5) shall be supported by an affidavit showing that the
citation was duly served and that the person cited has not entered an appearance.
(7) If the person cited has entered an appearance but has not applied for a grant under paragraph (4) of this rule
or has failed to prosecute his application with reasonable diligence, the citor may in the case of a citation under(a) paragraph (1) of this rule, apply by summons to the registrar for an order for a grant to himself;
(b) paragraph (2) of this rule, apply by summons to the registrar for an order striking out the appearance and for
the endorsement on the grant of such a note as is mentioned in sub- paragraph (b) of paragraph (5) of this rule;
(c) paragraph (3) of this rule, apply by summons to the registrar for an order requiring the person cited to take a
grant within a specified time or for a grant to himself or some other person specified in the summons,
and the summons shall be served on the person cited in each case.
60. (1) A citation to propound a will shall be directed to the executors named in the will and to all persons
interested thereunder and may be issued at the instance of any citor having an interest contrary to that of the
executors or such other persons.
(2) If the time limited for appearance has expired, the citor may in the case(a) where no person cited has entered an appearance, apply to the registrar for an order for a grant as if the will
were invalid;
(b) of a citation under paragraph (2) of rule 59 of this Order, apply by summons to the registrar for an order
striking out the appearance and for the endorsement on the grant of such a note as is mentioned in sub-paragraph
(b) of paragraph (5) of rule 59 of this Order;
(c) of a citation under paragraph (3) of rule 59 of this Order, apply by summons to the registrar for an order
requiring the person cited to take a grant within a s specified time or for a grant to himself or some other person
specified in the summons,
and the summons shall be served on the persons cited in each case.
61. All caveats, citations, warnings and appearances shall contain an address for service within the jurisdiction.
62. (1) An application for an order requiring a person to bring in a will or to attend for examination may, unless a
probate action has been commenced, be made to the Court by summons, which shall be served on every such
person as aforesaid.