Page:United States Statutes at Large Volume 31.djvu/1263

r1r*rY-six*r1i coxonnss. sm. 11. cn. ssl. 1901. 1211 Sec. 128. Couwrnn snoURrrr.—-If any surety of an executor or ‘*°“¤*€’*°°‘**““Y· administrator shall apprehend himself to be in danger of suffering from the suretyship, he inay apply to the probate court, and the said court may call upon the party to give counter security, to be approved by the court; and if the party so called on shall not, within a fixed ’“*““’°“’ givereasonable time, give counter security, the court may order the property remaining in the hands of such executor or administrator to be delivered up to such surety, and the court may enforce the delivery by proper process; and an inventory of the property delivered to —i¤“€¤¢<>¤‘»€¥¢— such surety shall be returned without delay, and the property contained in such inventory shall be by the said surety sold, distributed, and delivered up, as the case may require, under the immediate order of the court, as if such surety were executor or administrator; but inasmuch as it would be inconvenient to creditors and others interested in the estate, if there should be a double administration, the executor or administrator shall go on to discharge his trust, unless the court revoke his letters for some just cause, as hereinbefore directed, and he shall be answerable for the property in the same manner as if it were not on his default as aforesaid delivered to the surety; and he shall be entitled to sue the said surety and recover damages in case he shall suffer from the misconduct of such surety, in diminishing any part of the property, without obtaining an allowance for the same from the court; and the said surety shall bring into court, to be deposited with the register of wills, the money arising from the sale of any property as aforesaid, to be applied according to the meaning of this code. . Sec. 129. Enronommnr OF JU1>eMEN·rs, AND so FORTH.—Tl1G said ,u’§§H{§,§,§,€€‘;‘C?“‘ Oi court, in addition to the powers hereinafter specially conferred, shall i have power to enforce its judgments, orders, and decrees in like manner as orders and decrees may be enforced in the equity court. _ _ Seo. 130. C1TAT1oN.—Upon the Bling of a petition forprobate of C“““°“· a will a citation shall be issued to all persons who would be entitled to or interested in the estate of the testator in case such will had not been executed to appear in said court on a day named, not earlier than ten days, exclusive of Sundays, after the Bling of said petition, and show cause why the prayer of the petition should not be granted. If said citation shall appear from the return thereof to have been served upon all said persons at least Bve days before the day named as aforesaid, the said court shall proceed, if no caveat be Bled, to take the proofs of the execution of said will. But if any of the parties P“b“°***i°¤· interested, as aforesaid, as heirs, next of kin, or otherwise, shall be returned “Not to be found," the said court shall cause not less than thirty days’ notice of the application of such probate to be published once in each of three successive weeks in some newspaper of general circulation in said District, -and may order such other publication as the case may require, and shall cause a copy of such publication to be mailed to the last known post-office address of each of the parties so returned not to be found. If the arties in interest, or any of them, be unknown, upon statement of tgat fact in the petition under oath, they may be described therein, and in the notice b publication, as the unknown heirs and next of kin of the decedent, with like effect as if known and specifically named in the petition, notice, and proceedings. Sec. 131. PROBATE.·—-()H the day appointed as aforesaid, or such P*°‘>***€- subsequent day as the court may appoint, due proof of such publication and mailing being made, the court shall proceed to take proof of the will. All the witnesses to such will who are within the- District and competent to testify must be produced and examined, or the absence of any of them satisfactorily accounted for. Sec. 132. ATTESTING WITNESSES.·—II1 case the will contains a devise A"€”““g "'"“€SS‘*S· of real estate, and any attesting witness thereto residing in the District