37. (1) Where a will contains a reference to any document of such a nature as to raise a question whether it ought or ought not to form a constituent part of the will, the Court shall require the production of the document, with a view to ascertaining whether or not it is entitled to probate and if it is not produced, a satisfactory account of its non-production shall be proved. (2) A document cannot form part of a will unless it was in existence at the time when the will was executed. (3) If there are vestiges of sealing wax or wafers or other marks on the will, leading to the inference that some documents have been at some time annexed or attached thereto, a satisfactory account of them shall be proved or the production of the documents shall be required, and if not produced, a satisfactory account of their nonproduction shall be proved. 38. Where a person appointed executor in a will survives the testator, but either dies without having taken probate or having been called on by the Court to take probate does not appear, his right in respect of the executorship wholly ceases and without further renunciation, the representation to the testator and the administration of his property may go and be committed as if that person had not been appointed executor. 39. (1) Every will or copy of a will to which an executor or an administrator with the will annexed is sworn shall be marked by the executor or administrator and by the person before whom he is sworn. (2) The provisions respecting wills shall apply equally to codicils. 40. (1) In every case where evidence is directed or allowed to be given by affidavit, the Court may require the personal attendance of the deponent, if within the jurisdiction, before the Court, to be examined viva voce respecting the matter of his affidavit. (2) The examination may take place before any affidavit has been sworn or prepared, if the Court thinks fit. 41. (1) Where all the persons entitled to the estate of the deceased under a will have assigned their whole interest in the estate to one or more persons, the assignee or assignees shall replace in the order of priority for a grant of probate the assignor or if there are two or more assignors, the assignors with the highest priority, in the absence of a proving executor. (2) Where there are two or more assignees, probate may be granted with the consent of the others to any one or more (not exceeding four) of them. (3) In any case where probate is applied for by an assignee, a copy of the instrument of assignment shall be lodged in the Registry. 42. In the absence of a proving executor an application to join with a person entitled to a grant of administration with the will attached a person- TIME \@ "M/d/yyyy" 3/6/2002 (a) in a lower degree shall, in default of renunciation by all persons entitled in priority to such last-mentioned person, be made to the Registrar and shall be supported by an affidavit by the person entitled, the consent of the person proposed to be joined as personal representative and such other evidence as the Registrar may require; (b) having no right thereto shall be made to the Registrar and shall be supported by an affidavit by the person entitled, the consent of the person proposed to be joined as personal representative and such other evidence as the Registrar may require: Provided that there may without any such application be joined with a person entitled to administration with the will attached(i) on the renunciation of all other persons entitled to join in the grant, any kin of the deceased having no beneficial interest in the estate, (ii) unless the registrar otherwise directs, any person whom the guardian of an infant may nominate for the purpose,