Page:United States Statutes at Large Volume 79.djvu/733

 79 STAT. ]

PUBLIC LAW 89-183-SEPT. 14, 1965

693

time, the court may prescribe and revise rules for service personally upon the party outside the District of Columbia of a copy of the issues and of the notification. (d) The proceeding for impaneling a jury for the trial of the issues as to a will is the same as in civil actions. Subject to the right of appeal and to such revision as the common law provides, the verdict of the jury and the judgment of the court thereupon, or the judgment of the court without a jury, as the case may be, is res judicata as to all persons. The validity of the judgment may not be impeached or examined collaterally. § 18-514. Wills filed prior to June 8, 1898, may be probated as of real estate A person interested under a will filed in the office of the Register of Wills for the District of Columbia prior to June 8, 1898, may offer the will for probate as a will of real estate, whereupon such proceedings shall be had as this Code authorizes in regard to wills offered for probate after that date.

TITLE 19—DESCENT AND DISTRIBUTION CHAPTBE 1. RIGHTS OF SURVIVING SPOUSE AND CHILDREN 3. INTESTATES' ESTATES

19-101 19-301

7.

19-701

5. SIMULTANEOUS DEATHS—UNIFORM LAW ESCHEAT

Sec.

19-501

CHAPTER 1—RIGHTS OF SURVIVING SPOUSE AND CHILDREN Sec. 19-101. 19-102. 19-103. 19-104. 19-105. 19-106. 19-107. 19-108. 19-109. 19-110. 19-111. 19-112. 19-113.

Family allowance; construction; penalties, Dower; quarantine; curtesy abolished. Forfeiture of dower by desertion and adultery. Absent or incompetent spouse. Jointure before marriage as bar to dower. Jointure after marriage; election. Effect of acts of one spouse. Recovery of dower withheld; damages. Recovery of dower obtained by default or collusion; damages. Assignment by guardian; rights of heir. Rendowment upon eviction from jointure. Devise or bequest to spouse. Renunciation of devises and bequests; election; time limitations; renunciation or election by guardian or fiduciary; maximum rights; effect of no devise or bequest or if nothing passes under either; antenuptial or postnuptial agreements. 19-114. Rights of surviving spouse if there is no renunciation. §19-101. Family allowance; construction; penalties (a) Upon the death of a person leaving a surviving spouse, the spouse is entitled to an allowance out of the personal estate of the decedent of the sum of $500 for the personal use of himself and of minor children. The allowance shall be paid in money, or in specific property at its fair value, as the surviving spouse may elect. I t is exempt from all debts and obligations of the decedent, and is subject only to the payment of funeral expenses not exceeding $200. (b) When there is no surviving spouje, the surviving minor children, if any, are entitled to the allowance provided for by subsection (a) of this section. This allowance is payable, in the discretion of the Probate Court, to the person having custody of the children, or to such other person as the court designates. The person to whom the allowance is paid shall use it solely for the care and maintenance of ths children.

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