Page:1864-65 Territory of Dakota Session Laws.pdf/216

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PENAL CODE-PROBATE COURTS.

Sec. 787. All acts and parts of acts, so far as they conflict with the provisions of this act, are hereby repealed.

Sec. 788. This act shall take effect from and after its passage.

Approved, January 11, 1865.

PROBATE COURTS.

CHAPTER XVIII.

AN ACT ESTABLISHING PROBATE COURTS, DEFINING THE JURISDICTION THEREOF, AND PRESCRIBING THE PROCEEDINGS THEREIN.

Be it enacted by the Legislative Assembly of the Territory of Dakota:

Section 1. That there is hereby established in each organized county in this territory, a probate court, with the jurisdiction conferred by this chapter.

Sec. 2. The said probate courts have exclusive jurisdiction, in the first instance, in the county to take the proof of wills :

1. When the testator at or immediately before his death, was an inhabitant of the county, in whatever place he may have died.

2. When the testator, not being an inhabitant of the territory, shall have died in the county, having assets therein.