75Proceeding where executor neglects to prove will

#### 75 Proceeding where executor neglects to prove will 75 Proceeding where executor neglects to prove will > > (1) In any case where the executor named in a will— > > > > > (a) neglects or refuses to prove the same or to renounce probate thereof within three months from the death of the testator or from the time of such executor attaining the age of eighteen years, or > > > > > (b) is unknown or cannot be found, > > > > the Court may upon the application of— > > > > > (i) any person interested in the estate, or > > > > > (ii) the NSW Trustee or a trustee company, or > > > > > (iii) any creditor of the testator, > > > > order that probate of the said will be granted to such executor or order that administration with such will annexed be granted to the applicant or make such other order for the administration of the estate as appears just. > > > (2) (Repealed) > > **s 75:** Am 1913 No 19, sec 60 (d); 1970 No 52, Second Sch; 1970 No 60, First Sch; 1985 No 90, Sch 1 (2); 2009 No 49, Sch 2.47 \[3\].