Page:United States Statutes at Large Volume 76A.djvu/735

–639– -639§ 2185. Publication; frequency When a publication is ordered, the publication shall be made daily, or otherwise as often during the prescribed period as the paper is regularly issued, unless otherwise provided in this title. The court may, however, order a less number of publications during the period. Subchapter II—Orders § 2211. Contents of orders and decrees Orders and decrees made by the court in probate proceedings need not recite the existence of facts, or the performance of acts, upon which the jurisdiction of the court may depend, but shall contain the matters ordered or adjudged, except as otherwise provided in this title. § 2212. Entry and filing All orders and decrees of the court shall be entered at length in the records of the court, or shall be signed by the judge and filed; but decrees of distribution shall always be so entered at length. Subchapter III—Procedure Generally § 2231. Trial of issues; judgments (a) All issues of fact joined in probate proceedings shall be tried in conformity with the requirements of the law and rules of court governing civil actions. The party affirming is plaintiff, and the one denying or avoiding is defendant. (b) When a party is entitled to a trial by jury and a jury is demanded, and the issues are not sufficiently made up by the written pleadings on file, the court, on due notice, shall settle and frame the issues to be tried. (c) If a jury is not demanded, the court shall try the issue joined, make findings of fact and conclusions of law, and direct the entry of the appropriate judgment, as in civil actions. (d) Judgment on the issue joined, as well as for costs, may be entered and enforced by execution or otherwise by the court as in civil actions. § 2232. New trials in probate proceedings A motion for a new trial in probate proceedings may be made only in: (1) cases of contests of wills, either before or after probate; (2) proceedings to determine heirship and interests in estates; and (3) cases where the issues of fact, of which a new trial is sought, were of such character as to entitle the parties to have them tried by a jury, whether or not they were so tried. § 2233. Costs When not otherwise prescribed by this title, the district court may order costs to be paid b j any party to the proceedings, or out of the assets of the estate, as justice may require. Execution for the costs may issue out of the district court. §2234. United States as party; notice; actions on bonds; exceptions to accounts When compensation, pension, insurance, or other allowance is made or awarded t» estates of decedents by the United States Government or an agency thereof, the agency making or awarding the compensation, pension, insurance, or allowance shall have the same right as provided in this title for interested parties, heirs at law, and relatives, to:

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