Application where deceased had no fixed place of abode or was a non-resident
37On every application for letters probate of a will or for letters of administration where the deceased had no fixed place of abode in the Province or the deceased was a non-resident of the Province at the time of his death, and the deceased died leaving property in the Province, it shall be made to so appear by affidavit of the person or one of the persons making the application, and thereupon and upon proof of the will or, in the case of intestacy, upon proof that the deceased died intestate, letters probate of the will or letters of administration, as the case may be, may be granted.