Page:United States Statutes at Large Volume 47 Part 1.djvu/1056

 1032 72d CONGRESS. SESS. II. CH. 127. FEBRU ARY 27, 1933. for the hearing of the application, or at any time to which the hea ri ng is continued or-postponed. Notice of hearing on. SEC. 717 . DATE FOR AND NOT ICE OF HEARING.-When a petition praying for letters of administration is filed, the clerk of the court must set the petition for hearing by the court, and give notice thereof by causing a notice to be posted at the courthouse which notic e sha ll co ntain the name of the dec edent , the name of the applicant s and the t ime at which the application w ill be heard. Such notice must be given at least ten days before the hearing. The c lerk shall caus e sim ilar notic e to be ma iled to the hei rs of the deced ent n amed in the pet ition , at least ten days befor e the hear ing, addressed to them at their respective post-office addresses, as set forth in the petition, otherwise at the pace where the proceedings are pending. Contest of. S EC. 718 . CONTESTING APPLICATION .-Any person interested may contest the petition, by filing written opposition thereto, on"the groun d of the i ncomp etenc y of the a pplic ant, or may ass ert his own rights to the administration and pray that letters be issued to himself . In the latter case the contestant must file a petition and give the n otice requ ired for an ori ginal peti tion, and the c ourt must hea r the two petitions together . Hearing of applica- SEC . 719 . HEARING OF APPLICATION .-On the he aring, it being firs t tion. proved that notice has been given as herein required, the court must hear the allegations and proofs of the parties, and order the iss ui ng of le tt ers of administration to the party bes t ent it led thereto . Evidence of not ic e . SEC . 720 . EVIDENCE OF NOTICE .- An en try in the mi nu tes of the court, that the required proof was made and notice given, shall be conclusive evidence of the fact of such notice . Grant to any appli- SEC. 721 .-GRANT TO ANY APPLICANT .- Le t te rs of administration cent. must be granted to any applicant, though it appears that there are other persons having better rights to the administration, when such persons fail to appear and claim the issuing of letters to themselves. Proofs before grant SE C. 722. WH AT PROOFS MUST BE MADE BEFORE GRANTING LETTERS of letters. OF ADMINISTRATION .-Before letters of administration are granted on the esta te of any perso n who is r epres ente d to have died intestate, the fact of his dying intestate must be proved by the testimony of the applicant or others : and the court may also examine any o ther perso n con cerni ng the tim e, pl ace, and m anner of his death ; the place of his residence at the time, the value and character of his property, and whether or not the decedent left ahy will, and may co mpel any p erson to a ttend as a witn ess for th at pu rpose. Letters granted to SE C. 723 . LETTERS MAY BE GRANTED TO OTHERS THA N THO SE other. than those en- EN TITLED .-Administration .may be granted to one or more competent ti tle d. persons, although not otherwise entitled to the same, at the writ- ten request of the person entitled, filed in the court. Wh en the person enti tled is a nonre siden t of the C anal Zone, affi davit s, ta ken ex par te be fore any o ffice r aut horiz ed by the laws -of the Ca nal Z one to take acknowledgment and administer oaths out of the Canal Zone, may be rece ived as pr ima f acie evide nce of the iden tity of the par ty, if free from suspicion, and the fact is established to the satisfaction of the court. Requests for special SEC. 724. REQUESTS FOR SPECI AL NO TICE OF PROCEEDINGS ; GIVING. notice of proceedings . NOTICES ; FINDING REGARDING NOTICES .- A t any time after the issuance of let te rs testamentary or of administration upon the estate of 'a ny decedent, any person interested in sai d est at e, wh eth er as heir, devise e,, l egate e or credi tor, or the att orney , for any such pers on may serve up on the executor or administrator,' or up on the attorney for the ex ecuto r or admin istra tor, and f ile w ith the cl erk of the c ourt where in ad minis trati on of such esta te is pend ing, a wri tten