Page:United States Statutes at Large Volume 41 Part 1.djvu/578

 SIXTY-SIXTH CONGRESS. Sess. II. Ch. 153. 1920. 557 months after decedent’s death. No order shall be entered so authorizing a fiduciary imtil he shall have filed a petition nmder oath sulported by the affidavits of two relputable persons familiar with the decedent s business, setf forth the appraised value of the business, whether the decedent COl|l§1Cl'»Gd it at a profit or loss and the approximate amount thereof, and the estimate amount of the expenses per month necessary to be incurred in order to continue the business. mljyuftlfly “°‘°'“°““ Any fiduciary who is given such authorization shall file monthly statements showing all receipts and disbursements, debts contracted and obligations incurred, an the proht or loss; and the court,  its discretion, may order the discontinuance of the business at any time. "Debts contracted and obligations incurred by the fiduciary in so cSg§g?°¤¤“°““Y 0* continu.1ng' the business of the decedent shall be deemed to be an expense o administration of6the(pstate." h h f str1l¤ng` out section 12 an  in °eu thereo : "gnc. 126. Eivroncnmriivr or DUTY.- e court shall have power b%°.iZ·°.*’t'}’y°l”°°Id°ty to order any executor, administrator, collector, guardian, or testa- ,,,,Y,‘}};,,,§j‘» P· ‘2‘°· mentary trustee, who appears to be in default in respect to the rendering of any inventory or account or the fulEllment of any duty in said court to be summoned to appear therem and fulfill his duty in Rmm,m 0,,,0,,,,, the premises, on pain of revocation of his power to act; and on   onfailure ro arpwappearing the court may pass such order as may be just; and upon  fai ure to appear after having been dilily summoned, may revoke his power to act and, make such urther o er and other appointment as mm mud justice may require. In case the summons to appear is returned by ‘ the marshal ‘not to be found,’ an alias summons shall be mailed to the last known post-office address of such fiduciary or served upon his attorney of record, if he be within the jurisdiction of the court; and on the failure of such fiduciary to appear, the court may revoke his_power to act and make such further order and other appointment as ustice may requ1re." . liiy inserting immediately after section 137 a new section as i:ri»i?°ii1i° iliusiziz, follows? uuririldiildr will admit- NSec. 137a. While issues raised by a caveat are pending, either for {gg "£“‘* °*"°°* P°¤°· trial or on appeal, no prior will shal be admitted to probate." ' Bg striking out section 140 and inserting in lieu thereof : " nc. 140. Tami. or rssums as ro w1LLs.—Whenever an caveat ,§]'l°' °' ”`°“°S “ °° shall be filed, issues shall be framed under the direction of the court 3,'*’°',§},·§g}°{{ggQ’°'· for trial by j1u·y: Provided, That in all cases in which all persons rliévami ' interested are sui juris and before the court the issues may be tried By °° °°`"°° and determined by the court without a jury, u n the written con- B sent of all such parties. If they are to be triedlio a jury, they shall y°j°ry' be triable in said probate court by petit jurors dlfawn for service in the Supreme Court of the District of Columbia; and at least ten da s prior to the time of trial all of the heirs at law or next of kin of tlie ecedent, or both together, as the case may require, and all persons claiming under the will in aluestion, or any other instrument on file purporting to be a will of e decedent, shall be each served with a copy of said issues and a notification of the time and place of the trial thereof. If any one of them be an infant or of unsound mind he shall have a guardian ad litem appointed for him by the court before such ,;,,,,,;,,,,,,,1, by pub. trial shall proceed. If, as to any party in interest, the notification ¤¤¤¤¤¤· shall be returned ‘not to be found, the court shall assign a new day for such trial, and shall order gigblication, at least twice a week for a period of not less than four wee, of the substance of the issues and of the date fixed for the trial thereof in some news aper of general circul8·i51OIl IH the District, and may order such further publ1c8tl0l1 88 tho Rum ra Samet. case may require. and the Su reme Court of the District of Columbia may from time to time prescribe and revise rules and 1'0g'l1l8b10l1S' for service peisonallyppon such part outside of the District of Columbia of a copy of such issues and notitircation. Personal service on absent