Page:United States Statutes at Large Volume 47 Part 1.djvu/1051

 72d CONGRESS. SESS. II. CH. 127 . FEB RUA RY 27, 1933 . all of the persons named therein, the court must proceed to try the issu es of f act join ed in the sa me mann er as an ori gina l c onte st of a will. SEC. 685. PETITIONS TO REVOKE PROBATE OF WI LL TRIED BY JURY OR COURT ; JUDGMENT, WHAT .-In all ca ses of petitions to rev oke the probate of a will, wherein the original probate was granted without a co ntes t, on w ritt en demand of ei ther par ty, file d th ree day s pr ior to the hearing, a trial by jury must be had, as in cases of the contest of an original petition to admit a will to probate. If, upon hearing the proofs of the parties, the jury shall find, or, if no jury is had, the court shall decide, that the wi ll is for any reason invalid, or that it is not sufficiently proved to be the last will of the testator, the probate mu st be annulled and revoked. S EC. 686 . ON REVOCATION OF PROBATE, POWERS OF EXECUTOR, AND SO FORTH, CEASE, BUT NOT LIABLE FOR ACTS IN GOOD FAITH . -Upon the revocation being made, the powers of the executor or administrator wi th the wi ll annexed, mus t cease ; but such exe cut or or ad mini s- trator shal l not be liable for any act don e in good faith previous to the revocat ion . SEC. 687. COSTS AND EXPENSES, BY WH OM PAID .-The fe es and expenses must be paid by the party contesting the validity or pro- bate of the will, if the will or probate is confirmed . If the pr obate is revoked, the costs m ust be pa id by the party who resisted the revocation, or out of the property of the decedent, as the court dir ects. SEC. 688. PROBATE, WHEN CONCLUSIVE ; ONE YEAR AFTER REMOVAL OF DISABILITY GIVEN TO INFANTS AND OTHERS.-If no person, within one year after the probate of a will, contest the same or the validity thereof, the probate of the will is conclusive saving to in fant s and persons of unsound mind , a like period of one year af ter their respective disabilities are removed. 1027 Triable by jury or court. Judgment thereon. Powers of executor to cease on revocation of probate . No liability for acts in good faith. Costs and expenses. Probate, when con- clusive. Saving period to in- fants and lunatics. Lost or destroyed will. Proof of. Matter to be shown. PROBATE OF LOST OR DESTROYED WILL, SEC. 689. P ROOF OF LOST OR DE STRO YED WILL TO BE TAKEN : When- ever any will is lost or destroyed, the district court must take proof of the execution and validity thereof and establish the same ; notice to all persons interested being first given, as prescribed in regard to proofs of wills in other cases. All the testimony given must be re duce d to wri ting , and signed by the wit ness es. SEC. 690. PRO BATE OF WIL LS LOST ; PUBLIC CALAMITY .-NO will shall be proved as a lost or destroyed will, unless the same is proved to have been in existence at the time of the death of the testator, Or is shown to have been fraudulently or by public calamity destroyed in the lif etim e of the te stat or, with out his kno wled ge, or unless its provi sions are clearly and distinctly p roved by at leas t two credible witne sses : Provided, however, That if the testator be committed to udw estroyed when any h ospi tal for the ins ane in the Canal Zo ne and a fter su ch c om- testator insane. mitment his la st w ill and testament be destroyed by public calamity, and the testator is never restored to competency, then after the death of the said testator, his said last wil l may be probate d as though it were in existence at the time of the death of the testator. SE C. 691 . To BE CERTIFIED, RECORDED, AND LETTERS THEREON ~CdeBrtification and re- GRANTED :When a los t wi ll is es tabl ish ed, the prov isio ns ther eof must be distinctly stated and certified by the judge, under his ha nd and seal of the cou rt, and the certi ficate must be f iled and recorded as ot her will s are fi led and rec orde d, and l ette rs test amen tary or of g rantee administration, wi th the wi ll annexed, must be issued thereon in the same manner as upon wills produced and du ly proved. The testi - mn y ervation of testi- mony must be reduced to writing, sign ed, certifed, and filed as in thereon I I