Page:United States Statutes at Large Volume 47 Part 1.djvu/1050

 1026 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . time of its e xecution was of sound and disp osing mind, and not acting under d uress, menace, fr aud, or undue inf luence, a certif icate of the proof and the facts fo und, signed by the judge and att ested by the se al of the court, mus t be attached to the will. Filing and recording. SE C. 678. WILL AND PROOF TO BE FIL ED AND RECORDED.-The will and a certific ate of the proo f thereof, must be filed and rec orded by the clerk, and the same, when so filed and recorded, shall con- stitute part of the record in the cause or proce eding. All testimony shall be filed by the clerk. Foreign wills. PROBATE OF FOREIGN WILLS Probated in any SEC. 679. WILLS PROVED IN STATES OR FOREI GN COVNTRIFS. - A ll wills state or foreign country to be allowed and du ly proved and allowed in any State of the United States, or in recorded. any for ei gn country or State, may be allowed and recorded in the division of the district court in which the testator shall ha ve left any estate, or shall have been a resident, at the time of his death. Probate of. ,SEC. 680 . PRO BATE OF FOR EIGN wILL .-When a copy of the will, and the ord er or de cree ad mitt ing same to pro bate , du ly authenti- cated, shall be produced by the executor, or by any other person interested in the will, with a petition for lett ers, the same mu st be filed, and the clerk of the court must appoint a time for the hear- ing ; notice whereo f must be given as hereinbefore provided for an or final petition for the pro ba te of a will. - Hearing proofs of. SEC. 681 . HEARING PROOFS OF PROBATE OF FOREIGN WILL.-If, on the hear ing, it app ears upo n the fa ce of the record th at the will has bee n pr oved , al lowe d, and admi tted to pro bate in any Sta te of the United States , or in any for eign country, and that it was ex e- cuted according to the law of the place in which the same was made, or in which the testator was at the time domiciled, or in conformity wi th the la ws of the Canal Zone, it must be admitted to probate, and have the same force and effect as a will first admitted to pro- bate in the zone, and letters testamentary or of administration issued thereon. Contesting will after probate. Limitation. SEC. 682. THE P ROBA TE MAY BE CONTESTED WITHIN ONE YEAR .-When a will has bee n admitted to p robate, any pers on interested ma y, at any tim e within one ye ar after su ch probate, contest the sa me or the validity of the will. For that purpose he must file in the division of the court in which the will was proved a peti tion in writing, con- taining his allegations against the validity of the will or against the suf fici ency of the pro of, and pray ing tha t the pr obat e may be revoked. Citation to interested SEC. 683 . C ITATION TO BE ISSUED TO PARTIES INTERESTED .-U&DOn parties. filing the petition and within one ye ar after su ch 'probate, a cita- tion must be issued to the executor of the will, or to the administra- tor with the will annexed, and to all the legatees and devisees mentioned in the will, and heirs residing in the Canal Zone, so far as known to the petitioner or to their guardians, if any of the m are mino rs, or to t heir per sona l r epre sent ativ es, if any of t hem are dead, requir ing them to app ear before the court on some day therein specified, to show cause why the probate of the will should not be revoked. Hearing, on proof of S EC. 684 . THE HEARING HAD ON PROOF OF SERVICE .--At the time serv`ce' appointed for showing cause, or at any ti me to whi ch the hearing is postponed, proof having been made of service of the citation upon CONTESTING WILL AFTER PROBATE