Page:United States Statutes at Large Volume 30.djvu/474

 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 394. 1898. 435 to the twenty-first day of June, anno Domini eighteen hundred and seventy, are hereby conferred upon the supreme court of the District of Columbia. Such powers and jurisdiction shall continue to be exercised -¤i>¤¤i=*l¤¤¤¤ ¤f- · by one of .the justices of said court holding a special term for orphans’ court business, and from his judgments, orders, and decrees there shall ·¤PP°“‘· be the same right of appeal to the court of appeals of the District of _ Columbia as is given by section seven of the Act of Congress establish- V°1‘"·*’·“°· ing said court of appeals, approved February ninth, eighteen hundred and ninety-three: Provided, That nothing herein contained shall divest {,’¤2**§;· said court or said special term or said justice of any power or jurisdic- ci...i.°§Z.1. g www m" tion conferred upon said court or said special term or said justice by existing law." ‘ _ Sec. 2. That in addition to the jurisdiction conferred in the preced- g';“’,$,'§"d§°,,§,§,'; ing section of this Act, plenary jurisdiction is hereby given to the said r¤¤l¤¤¤m•.m- court holding the said special term tohear and determine all questions , relating to the execution and to the validity of any and all wills devising any real estate within the District of Columbia and of any and all wills and testaments properly -presented for probate therein, and to admit the sameto probate and record in said special term; and neither the execution nor the validity of any such will or testament so admitted to probate and record shall be impeached or examined collaterally, but the same shall be in all respects and as to `all persons res judicata, subject, nevertheless, to the provisions hereinafter contained. _ _ Sec. 3. That all issues of fact hereafter arising in the supreme court f,§f"“ °' ‘“““°” °‘ of the District of Columbia holding a special term for orphans’ court business, including those relating to the execution of the validity of any will or testament, shall hereafter be tried before said justice hold- ` ing said special term, and that when required for such purpose jurors shall be drawn in the manner now bylaw provided for the drawing of jurors for service at the special term of the supreme court of the District .of Columbia sitting as a circuit court for said District. Sec. 4. That no will or testament shall be hereafter admitted to pro- b,,1,}‘f,‘}°§l,,‘§§‘§,_ f°’ 1**** bate and record in the said District until the following procedure shall have been followed: Whenever any will or testament shall be presented for probate and record to the said justice he shall direct all of the heirs at law or next of kin of the testator, or both, as the case may require, to be summoned to appear before him at a certain day, not earlier than ten days from the date of said presentation; if said summons shall be returned personally served upon all of said heirs at law or next of kin, or both, at least five days before said return day, then, if no caveat be Bled to said will, the said justice may forthwith admit the same to probate and record. But if any of said heirs at law or next of kin be returned “not to be found," then the said justice shall cause not less than thirty days’ notice of the application for such probate to be published in some newspaper of general circulation in the District of Colum- · bia, and may order such other publication as the case may require. And upon such notified day, or such subsequent day as the court shall appoint, the said application for probate shall be heard, due proof of_ such publication being made; and if no caveat be filed the said will or _ testament shall be admitted to probate and record. In all cases in ;,‘{],]f°" °‘“’°“°°° which all of the heirs at law or next of kin of a testator, or both, consent to such probate and record, such will and testament shall thereupon be forthwith admitted to probate and record without the hereinbeiore described proceedings. In all cases in which any of said heirs at law ¥¤f=¤¤*¤·¤*¤· or next of kin is an infant or of unsound mind the said justice shall appoint a guardian ad litem for said infant or person of unsound mind: ° Provided, That in no case shall any will or testament be admitted to {,’;g0"}"j;f 8H6u,,,,,, probate and record save upon formal proof of its proper execution. necessary. _ Sec. 5. That the preceding sections of this bill shall be subject to the ,,,gf"`°“°‘ °"”° f" m` following proviso: Any person interested in said probate who at the time of the final decree admitting any will or testament to probate and record is within the age of twenty-one years may file a caveat to said will within one year after he becomes of age; and any person so inter-