Page:United States Statutes at Large Volume 31.djvu/1265

FIFTY-SIXTH CONGRESS. Sess. Il. C11. 854. 1901. 1213 of the application to admit the will to probate, and with authority to iile a caveat, as he may be advised, in behalf of said party. Sec. 139. PLENARY rRoor1En1NGs.——The court may, in all cases of mgjeeeey 1**0****** controversy therein, 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 rocess, and all the depositions shall be taken down in writing and filed); or, if either party shall require it, the court shall direct an issue to be made up to be tried by a jury. Sec. 110. TRIAL or ISSUES AS TO WILLS.——\/Vh€U€VB1‘ any caveat {fel of ieeuee ee te shall be filed issues shall be framed under the direction of the court for W] S` trial by jury: P2·0:·.¤z'derZ, That in all cases in which all persons interested _{;g<{,j§3, R .u _ are sui juris and before the court the issues may be tried and deter- J rl} mined by the- court, without a jury, upon the written consent of all such parties. If they are to be tried by a jury they shall be triable ··’*>’ ei¤'Y· in said probate court; and at least ten days prior to the time of trial all of the heirs at law or next of kin of the decedent, or both together, as the case may require, and all persons claiming under the will shall be each served with a copy of said issues and a notification of the time and place of the trial thereof. If any one of them be an infant or of unsound mind he shall have a guardian ad litem appointed for him by the court before such trial shall proceed. If, as to any party in interest, the notification shall be returned “Not to be found," the court shall assign a new day for such trial, and shall order publication, at least twice a week for a period of not less than four weeks, of a copy of the issues and notification of trial, in some newspaper of general circulation in the District, and may order such further publication as the case may require. And the supreme court of the District of Columbia may from Se¤’ieetime to time prescribe and revise rules and regulations for service personally upon such party outside of the District of Columbia of a copy of such issues and notification. Personal service on absent parties shall not be essential to the jurisdiction of the court. Before the time of ·‘“’°“·°“’· · trial the justice holding said court sha.ll direct twenty-four jurors to be drawn for service in said court, having the qualifications rescribed by law, in the manner provided by law for the drawing of) jurors to serve in the circuit court. The proceeding for impaneling a jury for the trial of said issues shall be the same as if they were being tried in the said circuit court. In all cases in which such issues shall be tried the verdict of the jury and the judgment of the court thereupon shall, subject to proceediqgs in error and to such revision as the common law provides, be res ju icata as to all persons; nor shall the validity of such judgment be impeached or examined collaterally. When a jury is sworn for such trial the other jurors who have been summoned, but not sworn for such trial, shall be discharged and their names returned to the jury box. Any jury so sworn may also be employed in the trial of other issues pending in said cc ·1rt not relating to wills, and also, if the parties interested shall consent, in the trial of issues relating to wills other than those for the trial of which they were specifically summoned. Any jury summoned for service in any of the circuit or criminal courts of the District may, with the concurrence of the justice presiding in said court, be used for the trial of issues in the probate court. Sec. 141. RE-PROBATE or WILLS`AFFECTI.NG REAL Es*rA*rm.—That the Ca§jgQ§’§v§l,Q;Q_0*gg§;g foregoing sections shall not apply to wills and testaments offered for before June 8. 1898, probate prior to the eighth day of June, anno Domini eighteen hun- Em dred and ninety-eight, and in cases of intestacy shall apply onlyto the estates of such ersons as shall have died after said ate and shall hereafter die: provided, That any person interested under any will §g?g§§,,a,c O, wms filed in the office of the register of wills for the District of Columbia affecting real asweprior to said date may offer the same for probate as a will of real