Page:United States Statutes at Large Volume 76A.djvu/728

–632– -632trial of the issues arising upon the pleadings, the court shall determine the heirship to the deceased, the ownership of his estate, and the interest of each respective claimant thereto or therein, and persons entitled to distribution thereof. The final determination of the court thereupon is final and conclusive in the distribution of the estate, and in regard to the title to all the property of the estate of the deceased. The cost of the proceedings under this subchapter shall be apportioned in the discretion of the court. § 2045. Attorney for minors In a proceeding under this subchapter, the court may appoint an attorney for a minor not having a guardian. § 2046. Determination of heirship at final distribution This subchapter does not exclude the right upon final distribution of an estate to contest the questions of heirship, title, or interest in the estate so distributed, where they have not been determined under this subchapter; but, where these questions have been litigated under the provisions of this subchapter, the determination thereof as provided in this subchapter is conclusive in the distribution of the estate. Subchapter II—Separate Proceeding to Determine Heirship § 2071. Establishment of identity of heirs When title to real or personal property, or any interest therein, becomes vested, other than by the laws of succession, in the heirs, heirs of the body, issue, or children of any person, without other description or means of identification of the persons embraced in the description, any person interested in the property as an heir, heir of the body, issue, or child, or the successor m interest of an heir, heir of the Dody, issue, or child, or the legal representatives of any of such persons or of their successors in interest, may file a verified petition m the district court in and for the division where the property or any part thereof is situated, setting forth briefly: (1) the deraignment of title of petitioner; (2) a description of the property affected; (3) the names, ages, and residences, if known, of the heirs, heirs of the body, issue, or children whose identity is sought to be determined, and if any of them is dead or his residence is unknown, stating these facts; and (4) a request that a decree be entered determining and establishing the identity of the persons embraced in that general description. § 2072. Notice of hearing Notice of the time and place for the hearing of the petition shall be given by the clerk by posting notices thereof in three or more public places in the Canal Zone at least 10 days prior to the date fixed by the clerk for the hearing. §2073. Answer; hearing; decree (a) At any time before the date fixed for the hearing, any person interested in the property may answer the petition and deny any of the matters contained therein. (b) At the time fixed for the hearing or any time thereafter fixed by the court, the court shall hear the proofs offered by the petitioner, and by any person answering the petition and shall make a decree conformable to the proofs. The decree shall have the same force and effect as decrees entered in accordance with the other provisions of this title.

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