Page:United States Statutes at Large Volume 63 Part 1.djvu/307

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63 STAT.] 81sT CONG. , 1 ST SESS.-CHS. 243 , 244 -JUNE 24, 1949 of Columbia", approved March 3, 1901 (title 19, sec. 309, D. C . Code, 1940), is amended to read as follows: "SEC. 137. CAVEAT.- If, upon the hearing of the application to admit a will to probate, the court shall decree that the same be admitted to probate, any person in interest may file a caveat to said will and pray that the probate thereof may be revoked at any time within one year after such decree." Approved June 24, 1949. [CHAPTER 244] AN ACT To amend the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, to provide a family allowance and a simplified procedure in the settlement of small estates. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to establish a code of law for the District of Colum- bia", approved March 3, 1901, as amended, is amended by adding to chapter 5 thereof a new subchapter 9 to read as follows: "FAMILY ALLOWANCE AND ADMINISTRATION OF SMALL ESTATES "SEC. 394. (a) Upon the death of any person leaving a surviving spouse the said surviving spouse shall be entitled to an allowance out of the personal estate of said decedent of the sum of $500 for his or her use, and that of any minor children, to be paid in money or in specific property at its fair value as may be elected, and which allow- ance shall be exempt from any and all debts and obligations of the decedent, and subject only to payment of funeral expenses not exceed- ing $200; and, if there be no surviving spouse, the surviving minor children if any there be shall be entitled to a like allowance, and which shall be payable, in the discretion of the probate court, to the person having their custody or to such other person as it shall desig- nate, and shall be used by such person solely for said minor's care and maintenance. Said family allowance shall be in addition to the respective share or shares of the snrviving spouse and children. "(b) When any person dies, leaving a small estate consisting only of personal property of a value not ill excess of $500, and there be a surviving spouse or minor chillren entitled to the family allowance authorized in the preceding section, if such surviving spouse or minor children (acting through the person having their custody or a next friend) file in the probate court a petition, under oath, declaring: The time and place of decedent's death; the known next of kin i the known assets and by whom held; that petitioner has made a diligent search to discover all assets of the deceased; the amount of funeral expenses and to whom due; and that said assets do not exceed $500 in value; the probate court, if satisfied that the allegations in the petition are true, shall pass a final order (1) declaring that no formal adminis- tration is necessary and no probate is required of any will; (2) fixing the amount of funeral expenses allowable, to whom due, and out of what property to be paid; (3) vesting title to the remainder of the property in the surviving spouse or minor children, as the case may be, in satisfaction of his, her, or their family allowance; and (4) direct- ing the person or persons having possession of said property to pay over, transfer, and deliver the same as allotted. The probate court may also authorize in said order, or by further order, the sale of any of said property as the exigencies of the situation require. "(c) (1) When anyone dies intestate, leaving a small estate con- sisting only of personal property of a value not in excess of $500, and June 24, 1949 [S. 1135] [Public Law 127] D. C . Code, amend- ments. 31 Stat. 1231 . D. C . Code §18-723. Family allowance. Small estates. Filing of petition. Person dying intes- tate. 269 31 Stat. 1212.