Page:United States Statutes at Large Volume 79.djvu/732

 692

PUBLIC LAW 89-183-SEPT. 14, 1965

[79 STAT.

§ 18-507. Admission to probate When, upon hearing the proofs, the court is of the opinion that the will was duly executed and the testator was competent to execute it, and a caveat is not filed against the admission of the will to probate, the court shall decree that the will be admitted to probate and record. § 18-508. Caveat; will not to be probated while issues pending If, prior to or upon the hearing of an application to admit a will to probate, a party in interest files a verified caveat in opposition, setting forth facts inconsistent with the validity of the will, the will may not be admitted to probate until the issues raised by the caveat are determined, as directed by this chapter. § 18-509. Caveat; time for filing After a will has been admitted to probate, a person in interest may, within six months from the date of the order of probate, file a verified caveat to the will, praying that the probate thereof be revoked. § 18-510. Prior will not to be probated pending issues While issues raised by a caveat are pending, either for trial or on appeal, a prior will may not be admitted to probate. § 18-511. Guardian ad litem When a party interested as specified by this chapter is an infant or of imsound mind, the court shall appoint a guardian ad litem to represent him at the hearing of the application to admit the will to probate, with authority to file a caveat, as he may be advised, in behalf of the interested party. § 18-512. Plenary proceedings I n all cases of controversy the court may direct a plenary proceeding to be had, by bill or petition, to which there shall be answer under oath, which may be compelled by the usual process, and all the depositions shall be taken down in writing and filed; or, if either party requires it, the court shall direct an issue to be framed for trial by a jury. § 18-513. Trial of issues; jury; notice; service; absent parties; judgment (a) When a caveat is filed, issues shall be framed under the direction of the court for trial by a jury, except that, if all persons interested are sui juris and before the court, and give written consent to trial without a jury, the issues may be tried and determined by the court. When the issues are to be tried by a jury, they are triable in the Probate Court by petit jurors drawn for regular service in the District Court. (b) At least 10 days prior to the time of trial of the issues as to a will, each heir at law or next of kin of the decedent, or both together, as the case requires, and each person claiming under the will in question or other instrument on file purporting to be a will of the decedent, shall be served with a copy of the issues and a notification of the time and place of the trial. Before the trial, the court shall appoint a guardian ad litem for each of them who is an infant or of unsound mind. (c) If, as to a party in interest, the notification provided for by subsection (b) of this section is returned "Not to be found", the court shall assign a new day for the trial, and shall order publication, at least twice a week for a period of not less than four weeks, of the substance of the issues and of the date fixed for the trial thereof, in a newspaper of general circulation in the District of Columbia, and may order such further publication as the case requires. Personal service upon absent parties is not essential to the jurisdiction of the court. From time to

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