Page:1862 Territory of Dakota Session Laws.pdf/504

CHAP. XC.] judge of probate in the county where the testator lives, and the judge of probate shall receive and safely keep such will, and give a certificate of the deposit thereof.

. 12. Such will shall, during the lifetime of the testator, be delivered only to himself, or to some person authorized by him, by an order in writing, duly proved by the oath of a subscribing witness; and after the death of the testator, and at the first probate court after notice thereof, it shall be publicly opened by the judge of probate, and be retained by him.

. 13. The judge of probate shall give notice of such will being in his possession to the executor therein appointed, if there be one, otherwise, to the persons interested in the provisions of the same, to be presented for probate in such other court.

. 14. Every person other than the judge of probate, having the custody of any will, shall within thirty days after he has knowledge of the death of the testator, deliver the whom and same into the probate court which has jurisdiction of the case, or to the person named in the will as executor.

. 15. Every person named as executor in any will, shall within thirty days after the death of the testator, or within thirty days after he has knowledge that he is named executor, if he obtains such knowledge after the death of the testator, present such will to the probate court which has jurisdiction of the case, unless the will shall have been otherwise deposited with the judge of probate, and shall within the period above mentioned, signify to the court his acceptance of the trust, or make known in writing to such court his refusal to accept it.

. 16. Every person who shall neglect to perform any of the duties required in the last two preceding sections, without reasonable cause, shall be guilty of a misdemeanor, and shall be liable to each and every person interested in such will, for the damages, which each person may sustain thereby.

. 17. If any person having the custody of any will, after the death of the testator, shall, without reasonable cause [fail] or neglect to deliver the same to the probate court having jurisdiction of it, after he shall have been duly' notified by such court for that purpose, he may be committed to the