Page:United States Statutes at Large Volume 47 Part 1.djvu/1052

1028 Nuncu pativ e wil l . Probate of . Ante, pp . 1022-1024 . Addit ional requ ire- ments for . Contests, appoint- ments, to conform to provisions . EXEC UTORS AND ADMINIS- TRATORS. Letters testamen- tary, etc . Trust companies eli- gible as executors .- Oatb, by officer of corporation. Appointment as estate onlyo apply to Issue of letters . 72d CONG RESS . SESS. II . CH. 12 7. FE BRUA RY 27, 1933. other cases, and shall have the sa me effect as evidence as provided in se cti on 676 . Restraintofinjurious SEC . 692 . COURT TO RESTRAIN INJURIOUS ACTS OF EXECUTORS OR acts of executors, etc ., durin g pro ceedm gs . ADMINISTRATORS DURING PROCEEDINGS TO PR OVE L OST WILL .-If, before or during the pendency of an application to prove a lost or destroyed wil l, le tt ers of administration are gr an ted on the estate of the testator, or letters testamentary of any previous will of the testator are granted the court may restrain the administrators or executors, so appointed, from any acts or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will . PROBATE OF NUNCUPATIVE `WILL SEC. 693 . NUNCUPATIVE WILLS, WHEN AND HOW ADMITTED TO PROBATE .-Nuncupative wills may at any time, within six months aft er the testamentary wor ds are spoken by the decedent, be admitted to probate, on petition and notice as provided in sections 658 to 671. The petition, in addition to the jurisdictional facts, must allege th at the testamentary words or the substance thereof were reduced to wri ti ng within thirty days after th ey we re sp oke n, which writing mus t accompany the petition . SEC . 69 4. ADDITIONAL REQUIREMENTS IN PROB ATE OF NUNCUPATIVE wILLs .-The district court must not receive or entertain a petition for the probate of a nuncupative will until the lapse of ten days from the death of the testator, nor must such petition at any time be acted on until the testamentary words ar e, or their substance is, reduced to writing and filed with the petition, nor until the surviving husband or wife (if any), and all other persons resident in the Canal Zone interested in the estate are notified as hereinbefore provided . SEC. 695. CONT ESTS AND A PPOIN TMENT S TO CONFO RM TO PROV ISION S AS TO OTHER WILLS .-Contests of the pr oba te of nuncupative wills and appointments of executors and administrators of the estate devised thereby must be had, conducted, and made as hereinbefore provided in cases of the probate of written wills . CHA PTE R 25 .-EXECUTORS AND ADMINISTRATORS, THEI R LETTERS, B ONDS, REMOV ALS, AND SUS PEN- SIONS LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH THE WILL ANN EX ED, HOW AND TO WHOM ISSUED SE C. 696 . TRUST COMPANIES AS ExECUTORs .-Corporations or asso- ciatio ns au thori zed to con duct the b usine ss of a tr ust c ompan y in the Canal Zone may be ap point ed to act as an exec utor, admi nistr ator, guardian of estates, assignee, receiver, depositary, or trustee in li ke manne r as individuals . OATH.-In all cases in which it is required that an executor, admin istra tor, guard ian of est ates, assi gnee s re ceive r, de posit ary or truste e, sh all q ualif y by takin g and subs cribi ng an oath , or in wh ich an affidavit is required, it shall be a suf fi cie nt qualification by su ch corpor ation if s uch o ath be tak en and sub scrib ed or such affi davit be ma de by the president, vice-president secretary, manager, trust o ffi- cer , or assistant tru st officer ; pro vided , any such appo intme nt as guardi an sh all a pply to the est ate o nly, and not to the perso n . SE C. 697 . ISSUE of LETTERS .-If no objection is made as provided in section 700, the court admitting a will to probate, after the same is proved and allowed, must issue letters thereon to the persons nam ed th ere in as executors who are competent to discharge the trust, unless they or either of them have renounced their right to letters .