Page:United States Statutes at Large Volume 77.djvu/633

 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1%3

§ 16-3111. Order admitting will to probate as conclusive evidence With respect to the trial of issues in the Probate Court, including the taking and use of testimony of non-resident witnesses, the Federal Rules of Civil Procedure, unless otherwise provided by law, are applicable thereto. A final' order or decree axhnitting a will to probate, unless and until it is reversed, is conclusive evidence of the validity of the will in a collateral proceeding in which the will is brought into question, and a transcript of the record of the will, and of the decree admitting it to probate, is sufficient proof thereof. §16-3112. Arbitration; exceptions The Probate Court may, with the consent in writing of both parties, arbitrate between a complainant and an executor or administrator, or between an executor or administrator and a person against whom the estate represented by him has a claim, or, with like consent, may refer the matter in dispute to an arbitrator. If reserved by the parties in their submission, exception as to matters of law may be filed to the award of the arbitrator, and the court may confirm or overrule the award. The award when confirmed is conclusive between the parties. § 16-3113. Costs and execution The Probate Court may render judgment for costs against the unsuccessful party in any proceeding conducted in the court, and issue execution therefor. CHAPTER 33—QUIETING TITLE OBTAINED BY ADVERSE POSSESSION Sec

16-3301. Ck>mplaiiit; allegations; parties; service; decree.

§16-3301. Complaint; allegations; parties; service; decree When title to real property in the District of Columbia has become vested in a person by adverse possession, the holder thereof may file a complaint in the United States District Court for the District of Columbia to have the title perfected. In the complaint, it is sufficient to allege that the plaintiff holds the title to the property, and that it has vested in him, or in himself and in those under whom he claims, by adverse possession. In the action, it is not necessary to make any person a party defendant except those persons who appear to have a claim or title adverse to that of the plaintiff. Upon the trial of the cause, proof of the facts showing title m the plaintiff by adverse possession entitles him to a decree of the court declaring his title by adverse possession, and a copy of the decree may be entered of record in the office of the Recorder of Deeds for the District. (b) In an action pursuant to this section, if process is returned not to be found, notice by publication may be substituted as in the case of nonresident defendants. Subject to subsection (c) of this section, if it is known^ whether one who, if living, would be an adverse party, is living or dead, or, in the case of a decedent, whether ne died testate or left heirs, or his heirs or devisees are unknown, the cause may be proceeded with pursuant to section 13-341. (c) The rights of infants or others under legal disability shall be saved for a period of two jears after the removal of their disabilities, but the entire period during which they shall be preserved may not exceed twenty-two years from the time they accrued, either in the plaintiff or in the persons under whom he claims.

601

28 USC app.

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