Page:United States Statutes at Large Volume 79.djvu/731

 79 STAT. ]

PUBLIC LAW 89-183-SEPT. 14, 1965

or "the unknown heirs at law," as the case may be, of the deceased, and the publication of the notice under that designation is as effectual against them as if known and their names were specifically set forth in the order of publication. (b) If a will was admitted to probate prior to June 30, 1902, upon publication against unknown next of kin or heirs, a person interested may file a petition for further probate of the will, alleging that the next of kin or heirs at law of the deceased, or some of them, as the case may be, are unknown, and upon satisfactory showing being made to the court publication of notice may be made against the unknown next of kin or heirs at law of the deceased. Upon the publication being made, as required by the court, a decree may be made confirming the previous probate. The decree is as effectual as if the unknown next of kin or heirs at law were named in the order of publication. § 18-504. Probate; waiver of notice; proof of execution When the notice prescribed by sections 18-501 to 18-503 has been completed or if all parties interested adversely to the will have waived the notice and consent that the will be admitted to probate and record, the court shall proceed, if a caveat is not filed, to take the proofs, or to consider the proofs theretofore taken, of the execution of the will. All the witnesses to the will who are within the District of Columbia and competent to testify shall be produced and examined or the absence of any of them satisfactorily accounted for. A will may not be admitted to probate and record except upon formal proof of its proper execution. § 18-505. Proof of wills; testimony; witnesses outside District (a) When a will contains a devise of real estate, and an attesting witness thereto residing in the District of Columbia is unable to attend the court, the Register of Wills may, with the will, attend upon the witness and take his testimony. When the testimony of resident attesting witnesses to the will has been taken, and other attesting witnesses reside out of the District or are temporarily absent from the District, but are within the United States, it is sufficient, for the purpose of proving the will, to prove the signatures of the nonresident and temporarily absent witnesses. (b) When the attesting witnesses to a will mentioned in subsection (a) of this section are out of the District as specified in that subsection, or if one or more are within the United States and one or more are in a foreign country, it is sufficient, for the purpose of proving the will, to take the testimony of any one or all of them within the United States, as the Probate Court determines, and to prove the signatures of those whose testimony is not required to be taken. (c) If all the attesting witnesses to a will mentioned in subsection (a) of this section are out of the United States, it is sufficient, for the purpose of proving the will, to take the testimony of such of them as the court requires, and to prove the signatures of the others. (d) The Federal Rules of Civil Procedure apply to the taking and use of testimony of out-of-District witnesses as provided by this section. The original will or codicil shall be sent with the notice or order of appointment or commission, or letters rogatory, and exhibited to the witnesses. (e) A notice of the time and place of taking testimony need not be given unless probate is opposed. § 18-506. Appearance of persons not cited A person, although not cited, who is interested in sustaining or defeating a will, may appear and support or oppose the application to admit it to probate.

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