Page:United States Statutes at Large Volume 76A.djvu/673

–577– -577(c) All matters of probate handled by the public administrator may be conducted in the Balboa division of the district court, regardless of the residence of the decedent or the location of the estate. § 903. Conclusiveness of order granting letters An order of the district court granting letters, when it becomes final, is, in the absence of fraud in its procurement, and except when based upon the erroneous assumption of death, a conclusive determination of the jurisdiction of the court, and may not be collaterally attacked. § 904. Disqualification of judge for interest, etc. A will may not be admitted to probate, or letters testamentary or of administration granted, before a judge who is: (1) interested as next of kin to the decedent; (2) interested as a devisee or legatee under the will; (3) named as an executor or trustee in the will; (4) a witness to the will; or (6) in any manner interested or disqualified from acting.

CHAPTER 53—PROBATE OF WILLS SUBCHAl'TKU 1

Sec. 931. 932. 933. 934. 935. 936. 937. 938. 939. 940. 941. 942. 943.

GENEKAl, PROVISIONS

Custodian to deliver will to court or executor; consequences of failure. Enforcing production of wills and attendance of witnesses. Persons who may petition for probate. Executor's renouncement of right to letters by failure to petition. Proof of nuncupative will; limitations; time for reduction to writing: notice; subsequent proceedings. Essential contents of petition for probate; defects. Notice of hearing; publication. Notice to heirs and other interested parties. Hearing proof of will and proof of service of notice. Probate of wills not contested. Probate of will detained outside Canal Zone. Holographic wills. Record of clerk upon admission to probate. SUBCIIAI'TER II—LOST OR UESTROYEl) WILLS

961. 962. 963. 964.

Duty of court as to proof; notice; reduction of testimony to writing. Requisites of proof; fraud or public calamity; mentally incompetent person. Certification, recordation, and grant of letters. Restraining executor or administrator previously appointed pending petition. SUBCHAPIER III—EOUEIGN WllXS

1)81. Allowance and recordation of foreign will; place. S)82. Procedure; notice. 983. Hearing; effect of prol)ate of foreign will.

Subchapter I—General Provisions § 931. Custodian to deliver will to court or executor; consequences of failure Within 30 days after being informed that the maker of a will is dead, the custodian of the will shall deliver it to the division of the district court having jurisdiction of the estate, or to the executor named in the will. Failure to do so makes the person failing responsible for all damages sustained by anyone injured thereby. § 932. Enforcing production of wills and attendance of witnesses The judge of the district court may at any time make and issue all necessary orders and writs to enforce the production of wills and the attendance of witnesses. If it is alleged in a petition that someone has possession of a will of a decedent, and the court is satisfied that the

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