Page:United States Statutes at Large Volume 47 Part 1.djvu/1047

72d CONGRESS . SESS. II . CH. 12 7. F EBRUA RY 27, 1933 . destroyed, or beyond the jurisdiction of the Canal Zone, or a nuncupative will . SEC . 660 . WHAT PETITION FOR PROBATE OF WILL MUST SHOW-- A petition for the probate of a will must show 1 . The jurisdictional facts ; 2 . Whether the person named as executor consents to act, or re nounces h is right to letter s testame ntary ; 3. The names, ages, and residences of the heirs, legatees, and devisees of the decedent, so far as known to the petitioner ; 4. The probable value and character of the property of the estate ; 5 . The name of the person for whom letters testamentary are prayed . No defect of form or in the statement of jurisdictional facts actually existing, shall make void the probate of a will . SEC . 661 . WHEN EX ECU TOR FORFEITS RIGHT TO LETTERS .-If the person named in a will as executor, for thirty days after he has knowledge of the death of the testator, and that he is named as executor, fails to petition the proper division of the court for the probate o f the wil l, and th at letter s testame ntary be issued to hint, he may be held to have renounced his right to letters, and the court ma y appo int an y othe r comp etent person admini strato r, unl ess go od cause for delay is shown . SEC . 662 . POSSESSION OF WIL L BY THI RD PERSON ; PR ODU CT ION OF .- If it is alleged in any petition that any will is in the possession of a third person, and the court is satisfied that the allegation is correct, an order must be issued and served upon the person having possession of the will, requiring him to produce it at a-time named in the order . If he has possession of the will and neglects or refuses to produce it in obed ience to the order , he may by warrant from the court be committed to jail, and be kept in close confinement until he produces it . SEC. 663. NOTICE OF PETITION FOR PROBATE OF WILLS, HOW GIVEN .- When the petition is filed, and the will produced, the clerk of the court must set the petition for hearing by the court upon some day not less than ten nor more than thirty days from the production of the will . Notice of the hearing shall be given by such clerk by publi shing the same in a news pape r of general circulation in the Canal Zone . If the notice is published in a weekly newspaper, it must appear therein on at least three different days of publication ; and if in a newspaper published oftener than once a week, it shall be so published that there must be at least ten days from the first to the last day of publication, both the first and the last day being included . SEC. 664 . NOTIFICATION OF TIME FOR PROBATE OF WILL.-Copies of the notice of the time appointed for the probate of the will must be addressed to the heirs of the testator and the devisees and legatees named in the will at their places of residence, if known to the petitioner, and deposited in the post office, at least ten days before the hearing . If their places of residence be not known, the copies of notice may be addressed to them, and deposited in the post oMce at the place where the proceedings are pending . A copy of the same notice must in like manner be mailed to the person named as executor, if he be not the petitione r ; als o, to any pe rson n amed a s coexecu tor no t peti tionin g, if their places of res idence be kn own. Proof of mailing t he copies of the n otice mus t be made at the h earing . Personal service o f copies of the no tice at l east ten days befo re the day of hearing is equivalent to mailing . Contents. 1023 Forfeitu re of r ight to letters by executor . Possession of will by third party . Order f or prod uction to issue . Notice of petition . Notice of time for probate .