Page:United States Statutes at Large Volume 31.djvu/1264

 1212 FIFTY—SIXTH CONGRESS. Sess. ll. C11. 854. 1901. is unable, from sickness, age, or other cause, to attend court, the reg- _ ister of wills inay, with such will, attend upon said witness and take na‘Q,f;$';,§§£§,§f S‘g` his testimony. If the testimony of resident attesting witnesses or witness to such will shall have been taken, and any other such witness to said will shall reside out of the District or be temporarily absent therefrom, but within the United States, it shall be sufficient to prove the signature of such witness so out of the District. If the sole witnesses to such will shall be out of said District as aforesaid, or if one or inore should be within. the United States and one or more be in some foreign country then it shall be sufficient to take the testimony of any one or all within the United States, as the court inay determine, and to prove the signatures of those whose testimony is not required to be taken. lf all such witnesses shall be out of the United States, then it will be sufficient to take the testimony of such of them as the court may require, and to prove the signature or signatures of the others. te§<;;1gjjSi0¤ *0 *****6 The testimony of such witnesses out of the District to be taken here- " under shall be under a commission issued by the court to one or more competent persons, and in such case the original will or codicil shall accompany the commission and be exhibited to the witnesses. —¤¤*i¤<>- No notice need be given of the time and place of taking such testimony, unless in a case in which probate is opposed. who may anew- Sec. 133. WHO MAY A1>1>EAR.——Any person, although not cited, who may be interested in sustaining or defeating the will may appear and support or oppose the application to admit the same to probate. b tgdmission to pw Ec. 134. Amurssion To PROBATE.—·—If, upon hearing the proofs sub- B e' mitted. the court shall be of opinion that the will was duly executed and the testator was competent to execute the same, and no caveat shall be filed against the admission of the same to probate, the court shall decree that the said will be admitted to probate and record. Probate by consent. Sec. 135. If all arties interested adversely to the will shall waive the notice aforesaid) and consent that the will be admitted to probate and record, it may be so admitted to probate and record without the pmtszo. _ proceedings directed as aforesaid: Provided, That in no case shall any g§f,‘{‘,?§d{’f ""€°““°“ will or testament be admitted to probate and record save upon formal proof of its proper execution. tcavettt. Sec. 136. CAVEAT.—If, upon or prior to the hearing of the application to admit the will to probate, any party in interest shall file a caveat in opposition, duly verified, and setting forth facts inconsistent with the validity of the will, the said will shall not be admitted to probate until the issues raised by said caveat shall be determined, as hereinafter directed. -time my snug. Sec. 137. If, upon the hearin of the application to admit a will to probate, the court shall decree ghat the same be admitted to probate, any person in interest may file a caveat to said will and pray that the probate thereof may be revoked at any time within three months after such decree, if it be a will of personal property, and as far as it is a will of personal property; and if it be a will of real estate, and as far as it is such will of real estate, any person interested actually served with process or personally appearing in such proceedings may file such caveat within one year after such ecree; any person interested who at said time was returned “Not to be found " and was proceeded against by publication may file such caveat within two years after such decree; and any person interested who at the time of said decree is within the age of twenty-one-years may file such caveat within one year after he · becomes of age. ‘ t Infants interested. Sec. 138. INFANTS 1NTEREsTED.—l’\’henex*er it shall appear that any party interested as aforesaid is under age, or non compos the court shall appoint a guardian ad litem to represent said party at the hearing