Page:United States Statutes at Large Volume 47 Part 1.djvu/1092

 1068 contest. Partition. Continuation of ad- min ist rat ion. Pet iti on for. Notice and hearing. Decree. Provise. Petition to close ad- min ist rat ion. Notice and hearing. Decre e. Distribution after death of heir, etc. 72d C ONGRESS. SESS. II. CH. 127. FE BRU ARY 27, 1933 . causing a notic e to be posted a t the co urthouse where t he court is held, setting forth the name of the estate, the executor or adminis- trator, and the time appointed for the hearing of the petition. If, upon the hearing of the petition, the court or judge deems the notice insufficient from any cause, he may order such further notice to be given as may seem to him proper. At the time fixed for the hearing, or to w hich the hearing may be postpone d, any p erson in terested in the estate may appear and contest the petition by filing written objections thereto. If the partition is applied for, as provided in this chapter, the decree of distribution does not divest the court of jurisdiction to order partition, unless the estate is finally closed. SEC. 897. CoNT INII ATIO N O F ADM INIST RATION ; PETI TION FO R .-In all cas es where a deced ent shall have l egit a will, in and by the terms of which the testator shall have limited the time for administration upon an estate left' b$ him, and' the executor, and all of the legatees or devisees named in the will, shall file and present to the court a peti- tion, in writing, representing that it will be for the best interests of the estat e, an d of the benef iciar ies under the will, to have the a dmin is- tration upon the estate continue d for a longer pe riod of time tha n that designated in such will, and that it would be injurious to the estate and to such beneficiaries, to have the administration brought to a close at the date therefor designated in the will. HEARING OF PETITION AND NOTICE oF.-The court shall then s et a day for the hearing of said petition ; and notice thereof shall be served o n all pe rsons in terested in the estate, i n the sa me manne r that summons in civil actions is served. Upon the day set for such hearing (or u on some other day to which the hearing may have been continued), the court shall proceed to hear proofs touching the represent,a tions made in such petition-and any person interested in the estate may also present counter-proofs in opposition to said application. DE CREE ING CONTINUANCE OF ADMINISTRATION.-And if, upon such hearing, it be made to appear to the court that the representations made by the petitioners in their said petition contained be true, the court may then by its order and decree in that behalf, decree and direct that the administration upon the estate continue for and during such further period of time as in its judgment will best sub- serve the interests of the estate and of the beneficiaries under said will. . PE TITION TO HAVE ADMINISTRATION CLOSED .Pr ov id e d, however, That if, at any time during the period for which the administration upon the estate shall have been thus continued, the executor, or any one or more of the legatees or devisees, shall present to the court his or 'their petition, representing that it has become - nec es- sary for the best interests of the estate, and of the beneficiaries under th e will, to have the admi nistrati on upon t he estat e closed , the court shall then set a day for the hearing of said last-named petition ; and notic e the reof s hall be given in the same manner , and the same proceedings be had thereupon, as shall have been given for and had upon the hearing of the petition asking for the con- tinuation of such administration. And if upon such hearing, it shall be made to appear to the c ourt tha t the rep resentat ions mad e by such petitioners or petitioner (as the case may be) are true, the -court shall then, by its order and de cree in 'that be half, decree and rireet that the administration upon the estate be closed as soon thereafter as, under the circumstances shall be practicable. SEC. 898. DIST RISI ITIO N AFT ER DE ATH OF HEIR, ETC .-If any heir, legatee, or devisee of an estate shall die before the distribution to him of any part thereof, then the property to which he might be