Page:United States Statutes at Large Volume 77.djvu/630

 598

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

§ 16-2923. Wife or husband as party to partition proceeding On an application to the District Court to decree a partition of real property between tenants in common, it shall not be necessary to make the wife or husband of any of the persons a party to the proceedings, but the right of dower, or the wife's or husband's intestate share, as the case may be, shall attach to whatever part of the property is assigned in severalty to the wife or husband, and the other parts thereof shall be assigned free of the right of dower or intestate share. §l&-2924. Sale of land encumbered by dower; lack of widow's or widower's consent; written consent; portion of proceeds When a decree is rendered for the sale of real property, in the whole of which a widow or widower is entitled to dower, if she or he will not consent to a sale of the property free of the dower, the District Court may, if it appears advantageous to the parties, cause the dower to be laid off and assi^ed as provided by this subchapter. If she or he will consent in writing to the sale of the property free of the dower, the court shall order that it be sold free of the dower, and shall allow her or him, in commutation of the dower, such portion of the net proceeds of sale as may be just and equitable, not exceeding one-sixth nor less than one-twentieth, according to the age, health, and condition of the widow or widower. §16-2925. Sale of indivisible property; discharge from dower or intestate share When real property is decreed to be sold for the purpose of division of the proceeds between tenants in common because the property is incapable of being divided between them in specie, the District Court may decree a sale of the property free and discharged from any right of dower, or from any intestate share of the wife or husband, as the case may be, of any of the parties in her or his undivided share.

CHAPTER 31—PROBATE COURT PROCEEDINGS See.

10-3101. 16-3102. 1&-8108. 16-3104. 16-3105. 16-3106. 16-3107. 16-3108. 16-3109. 16-3110. 16-3111. 16-3112. 16-3113.

Definition. Settlement of accounts as prima facie evidence only. Summons; failure to appear or give evidence. Sequestration where person fails to appear. Plenary proceeding; refusal to answer as required. Issues to be made up in plenary proceeding; jury; compelling payment of costs. Enforcement of judgnjents. orders and decrees; application of property sequestrated. Ordering investment of funds; revocation of letters for noncompliance. Compelling performance of duties by executors, administrators, etc.; revocation of letters. Accounting and delivering of property after revocation of letters; compelling performance. Order admitting will to probate as conclusive evidence. Arbitration; exceptions. Costs and execution.

§ 16-3101. Definition As used in this chapter, "Probate Court" means the United States District Court for the District of Columbia. § 16-3102. Settlement of accounts as prima facie evidence only Except as provided by section 16-3112, in actions: (1) for an accounting, by legatees or next of kin against executors or administrators, or wards against their guardians; or (2) to subject the real estate of decedents to the payment of their debts, by^ creditors against executors or administrators, or against heirs or devisees—

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