Page:United States Statutes at Large Volume 47 Part 1.djvu/1089

 72d CONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933. same manner that notice is required to be given of the settlement of the account of an executor or administrator. Any person interested in the estate may appear at the time named and resist the application. ORDER GRANTED WHEN .--If, at the hearing, it appears that the allega tions of the pet ition of said ex ecutor, a dministr ator, co execu- tor, or coadmin istrator, are tru e, and t he court is sati sfied th at no injury can result to the estate by granting the petition, the court must make an order directing the executor or executors, adminis- trator or administrators, as the case may be, to deliver to the heirs, legatees, devisees, or to their assigns, grantees, or successors in interest, the whole portion of the estate to which they may be entitled or only a part thereof, designating it. If, in the execu tion of the orde r, a par tition i s necess ary betw een two or more of the parties interested, it mus t be made in the mann er he reinaf ter p rescr ibed. The costs of the proceedings under this section must be paid by the estate, excepting that in case a partition is necessary, the costs of such partition must be apportioned amon gst the parties i ntereste d in suc h partit ion. DISTRIBUTION ON FINAL SETTLEMENT SEC. 892. PRO CEED INGS IN THE NATURE OF AN ACTION TO DETERMINE Petition to establish or that rights of parties. HEIRSHIP ; PETITION .-In all estates now being administered, may hereafter be administered, any person claiming to be heir to the dece ased, or entitled to dist ribution in whol e or in any part of such estate, may, at any time prior to the decree of final distribution, file a petition in the matter of such estate, praying the court to ascertain and declare the rights of all persons to said estate and all interests therein, and to whom distribution thereof should be made. NOTICE TO PERSONS INTERESTED .-Upon the filing of such petition, the court shall make an order directing service of notice to all persons interested in said estate to appear and show cause, on a day to be therein named, not less than sixty days nor over four m onths from the d ate o f the makin g of such order, in w hich notice sha ll be se t forth the name of the deceased, the nam e of the executo r or administrator of said estate, the names of all persons who may have appeared claiming any interest in said estate in the course of the administration of the same, up to the time of the making of said order, and such other persons as the court may direct, and also a description of the real estate whereof said deceased died seised or possessed, so far as known, described with certainty to a common intent, and requiring all said persons, and all persons named or not named having or claiming any interest in the estate of said deceased, at the t ime and place in said ord er speci fied, to appear and exhi bit, as hereinafter provided, their respective claims of heirship, owner- ship, or interest in said estate, to said court, which notice shall be served in the same manner as a summons ina civil action, upon proof of which service, by affidavit or otherwise, to the satisfaction of the court, the court shall thereupon acquire jurisdiction to ascertain and determine the heirship, ownership, and interest of all parties in and to the property of said deceased, and such determina- tion shall be final and conclusive in the administration of said estate, and the title and ownership of said property. The court shall enter an order or decree establishing proof of the service of such notice. FILING OF APPEARANCE-DEFAULT .-All persons appearing wit hin the time limited as aforesaid shall file their written appearance in person or through their authorized attorney, such attorney filing at the same time written evidence of his authority to so appear, entry of which appearance shall be made in the minutes of the court and in' 1065 Contest. Granting of decree. Partition. Distribution on final settlement. N otice. Appeozancs, default. l