Page:United States Statutes at Large Volume 47 Part 1.djvu/1048

 1024 72d CONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . Pro duc tion of wills SEC. 665. ORDER TO ENFORCE PRODUCTION O F WILLS OR ATTENDANCE and attendance of w it- nesses. OF WIT NES SES .-T he judge of the district court may at any time make and iss ue all n ecessary orders a nd writs to enfo rce the producti on of wills a nd the a ttendance of witn esses. Hearing proof of will. SEC. 666. HEARING PROOF OF WI LL AFTER PROOF OF SER VIC E OF xoTIcE.At the time appointed for the hearing, or the time to which the hearing may have been postponed, the court, unless the parties appear, mu st require proof that the notice has be en given, which being made, the court must hear testimony in proof of the will. Co nt est of will. ,,SEC. 667. WHO MAY APPE AR AND CONTE ST THE WILL .-Any person interested may appear and contest the will. Devis ees, legatees, -or heirs of an estate may contest the will through their guardians, or attorneys appointed by themselves or by the court for that purpose ; but a contest made by an attorney appointed by the court does not bar a c ontest a fter prob ate by t he party so repr esented, if comm enced within the time provided in section 682 ; nor does the nonappointment of an attorney by the court of itself invalidate the probate of a will. Probate, when un- SEC. 668. PROBATE OF WILLS NOT CONTESTED .-If no person appears contested. to contest the probate of a will, the court may admit it to probate on the testimony of one of the subscribing witnesses only, if he testifies that the will was executed in all particulars as required by law, and that the testator was of sound mind at the time of its exe- cution. If it appears at the time fixed for the hearing that none of the subscribing witnesses reside in the Canal Zone, but that the depo- sition of one of them can be taken elsewhere, the court may direct it to be taken, and may authorize a photographic copy of the will to be made and to be presented to such witnesses on his examination, who may be a sked the same questions with respect to it and the handwriting of himself, the testator, and the other witness, as would be pertinent and competent if the original will were present. If neither the attendance in court nor the deposition of any of the subscribing witnesses can be procured, the court may admit the will to probate upon the testimony of any other witness as provided in section 675. Clerk's record. S EC. 669 . CLERS's RECORD .-When the court admits a will to pro- bate it must be recorded in the minutes by the clerk, with the nota- tion : "Admitted to probate (giving date)" Olographic wills, SEC. 670. OLOGRAPHIC wiu.Ls.-An olographic will may be proved pr oof of. in the same manner that other private writings are proved. Pr ob ate of, detained SEC. 671. PROBATE OF WILL DETAINED OUTSIDE ZONE.-If it is alleged outside zone. in any petition that any will of any person who at the time of his death was a resident of the Canal Zone is detained beyond the juris- diction of the zone, in a court of any State or foreign country, and that such will can not be produced for probate in the zone, and the Authenticated copy court is satisfied that the allegations are true, a copy of the will duly admissible . authenticated may be proved, allowed, and admitted to probate in the zone in lieu of the original will, and have the same force and effect as the original will. The same proof shall be required in order to admit the will to probate in the zone as would be required under the pro visions of this c hapter i f the or iginal w ill were produce d. Subscribing witness- The court may authorize a photographic copy of the will to be es may testily upon pho togr aph ic copy. Presented to the subscribing witness upon his examination in court, or by deposition as provided in section 668, and such witness may be asked the same questions with respect to it, and the handwriting of himself, the testator, and the other witness, as would be pertinent and competent if the original will were present.