Public Law 55–394

That section four of the Act

District of Columbia.

Supreme court invested with powers exercised by orphan’s court, etc.

Vol. 16, p. 103.

of Congress entitled “An Act relating to the supreme court of the District of Columbia,” approved June twenty-first, eighteen hundred and seventy, be, and the same hereby is, amended so as to read as follows:

“That all the powers and jurisdiction by law held and exercised by the orphans’ court of Washington County, District of Columbia, prior FIFTY-FIFTH CONGRESS. Sess. II. Ch. 394. 1898.to the twenty-first day of June, anno Domini eighteen hundred and seventy, are hereby conferred upon the supreme court of the District of Columbia. Such powers and jurisdiction shall continue to be exercised

—special term of.

by one of the justices of said court holding a special term for orphans’ court business, and from his judgments, orders, and decrees there shall

—appeal.

be the same right of appeal to the court of appeals of the, District of Columbia as is given by section seven of the Act of Congress establishing

Vol. 27, p. 435.

said court of appeals, approved February ninth, eighteen hundred and ninety-three: Provided, That nothing herein contained shall divest

Proviso.

Existing powers unchanged.

said court or said special term or said justice of any power or jurisdiction conferred upon said court or said special term or said justice by existing law.”

Sec. 2.

That in addition to the jurisdiction conferred in the preceding

—may admit to probate wills devising real estate, etc.

section of this Act, plenary jurisdiction is hereby given to the said court holding the said special term to bear and determine all questions relating to the execution and to the validity of any and all wills devising any real estate within the District of Columbia and of any and all wills and testaments properly presented for probate therein, and to admit the same to probate and record in said special term; and neither the execution nor the validity of any such will or testament so admitted to probate and record shall be impeached or examined collaterally, but the same shall be in all respects and as to all persons res judicata, subject, nevertheless, to the provisions hereinafter contained.

Sec. 3.

That all issues of fact hereafter arising in the supreme court

Trial of issues of fact.

of the District of Columbia holding a special term for orphans’ court business, including those relating to the execution of the validity of any will or testament, shall hereafter be tried before said justice holding said special term, and that when required for such purpose jurors shall be drawn in the manner now by law provided for the drawing of jurors for service at the special term of the supreme court of the District of Columbia sitting as a circuit court for said District.

Sec. 4.

That no will or testament shall be hereafter admitted to probate

Procedure for probate of wills.

and record in the said District until the following procedure shall have been followed: Whenever any will or testament shall be presented for probate and record to the said justice he shall direct, all of the heirs at law or next of kin of the testator, or both, as the case may require, to be summoned to appear before him at a certain day, not earlier than ten days from the date of said presentation; if said summons shall be returned personally served upon all of said heirs at law or next of kin, or both, at least five days before said return day, then, if no caveat be filed to said will, the said justice may forthwith admit the same to probate and record. But if any of said heirs at law or next of kin be returned “not to be found,” then the said justice shall cause not less than thirty days’ notice of the application for such probate to be published in some newspaper of general circulation in the District of Columbia, and may order such other publication as the case may require. And upon such notified day, or such subsequent day as the court shall appoint, the said application for probate shall be heard, due proof of such publication being made; and if no caveat be filed the said will or testament shall be admitted to probate and record. In all cases in

—when dispensed with.

which all of the heirs at law or next of kin of a testator, or both, consent to such probate and record, such will and testament shall thereupon be forthwith admitted to probate and record without the hereinbefore described proceedings. In all cases in which any of said heirs at law

Infants, etc.

or next of kin is an infant or of unsound mind the said justice shall appoint a guardian ad litem for said infant or person of unsound mind: Provided, That in no case shall any will or testament be admitted to

Proviso.

Proof of execution necessary.

probate and record save upon formal proof of its proper execution.

Sec. 5.

That the preceding sections of this bill shall be subject to the

Caveat, time for filing.

following proviso: Any person interested in said probate who at the time of the final decree admitting any will or testament to probate and record is within the age of twenty-one years may file a caveat to said will within one year after he becomes of age; and any person so inter-ested who at the said time was returned “not to be found” and was proceeded against by order of publication, may tile such caveat within two years after the date of said final decree; and any person actually served with process or personally appearing in said proceedings may tile such caveat within one year after said date.

Sec. 6.

That whenever any caveat shall be filed issues shall be framed under the direction of the court for trial by jury: Provided, That in all cases in which all persons interested are sui juris and are before the court, the issues may be tried and determined by the court without a

Service on heirs, etc.

jury upon the written consent of all such parties. 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, with all persons claiming under the will, shall be each served with a copy of said issues and a notification of the

—infants, etc.

time and place of the trial thereof. If any of them be an infant or of unsound mind he shall have a guardian ad litem appointed for him by

Return of “not to be found.”

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 of Columbia, and may order such other publication as

Service outside the District; regulations.

the case may require. And the supreme court of the District of Columbia may from time 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, but personal service upon absent defendants shall in no case be essential to the jurisdiction of the

Trial.

court in the premises. Upon the day notified, or such subsequent day as the court shall appoint, the court shall proceed with the trial of said issues, due proof of such publication and, when required, of such personal service being made, and due opportunity being given to any party

—exceptions.

in interest to demand other and further issues. On the trial of any such issue exceptions may be taken to the rulings of the court, which shall be embodied in a bill of exceptions, to be settled and signed by the justice presiding within such time as may be fixed by the rules of practice prescribed from time to time by the supreme court of the District

New trial.

of Columbia in general term, and the said justice shall have the same power to set aside the verdict and grant a new trial that is possessed and exercised by the supreme court of the District of Columbia in cases tried with a jury according to the course of the common law, and as to such trials shall have all other powers now vested by law in the supreme court of the District of Columbia holding a special term

Judgment to be res judicata.

as a 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 proceeding in error and to such revision as the common law provides, be res judicata as to all persons, nor shall the validity of any such judgment be impeached or examined collaterally.

Sec. 7.

That in addition to the power and jurisdiction conferred by this Act and by prior laws upon the supreme court of the District of Columbia holding a special term for orphans’ court business, said court is hereby given plenary authority to administer also the real estate situated in the District of Columbia of decedents, so far as may be necessary

Sale of real estate.

for the payment of debts and legacies, and to distribute among those entitled thereto any surplus proceeds of any sale of real estate made in the course of such administration, and that the bonds hereafter executed of all executors and administrators shall be responsible for the proceeds of sale of all real estate sold by them under the order

Proviso.

—limitations.

of the said justice for such purposes of administration: Provided, however, That no such sale shall be made unless the same be required for the purposes of paying debts and such legacies as are chargeable upon the real estate, nor until the auditor of the court shall have ascertained and reported a deficiency of personal assets for such purposes, and such report shall be subject to exception.

Sec. 8.

That the foregoing sections of this Act shall apply only to

Act applicable only to wills hereafter filed.

wills and testaments hereafter offered for probate, and, in cases of intestacy, to the estates of such persons as shall die after the passage of this Act: Provided, That in the supreme court of the District of

Proviso.

Probate of wills heretofore filed.

Columbia holding a term for orphans’ court business any person interested under any will heretofore filed in said court may offer the same for probate as a will of real estate, whereupon such proceedings shall be had as by this Act are authorized in regard to wills hereafter offered for probate.

Sec. 9.

That the said justice may authorize and direct collectors

Collectors to act as administrators.

heretofore or hereafter appointed to discharge pendente lite all or any of the duties of an administrator.

Sec. 10.

That the record in the office of the register of wills for the

Force in the District of will probated elsewhere, etc.

District of Columbia of a duly certified copy, or transcript of the record of proceedings, admitting any will or codicil to probate outside of the District of Columbia; and the record in said office of any will or codicil heretofore admitted to probate in said District, and which shall not have been annulled or declared void according to law prior to the passage of this Act, shall be deemed and held, at law and in equity, as of the same and like force and effect as if such will or codicil had been duly proved and admitted to probate and record under and in accordance with the provisions of this Act: Provided, That the provisions of

Proviso.

—limitation.

this section shall not apply to any proceedings at law or in equity pending at the date of the passage of this Act, or commenced within one year after the passage of this Act, wherein or whereby the validity of such will or codicil is or shall be called in question.

Sec. 11.

That the supreme court of the District of Columbia in general

Rules of practice.

term is hereby authorized and empowered to make all such rules of practice as shall be necessary for the exercise of the jurisdiction hereby conferred, and to revise and alter such rules from time to time as it may deem proper.

Sec. 12.

That all laws and parts of laws inconsistent herewith are hereby repealed.