like manner be mailed to the person named as executor, if he be not the petitioner; also, to any person named as co-executor, not petitioning, if their places of residence be known. Proof of mailing the copies of the notice must be made at the hearing. Personal service of copies of the notice at least ten days before the day of the hearing is equivalent to mailing.

SEC. 15. The probate judge may, out of term time or at chambers, receive petitions for the probate of wills, and make and issue all necessary orders and writs to enforce the production of wills and the attendance of witnesses, and may appoint special terms of his court for hearing the petitions, trials of issues, and admitting wills to probate.

SEC. 16. At the time appointed for the hearing, or the time to which the hearing may have been postponed, the court, unless the parties appear, must require proof that the notice has been given, which being made, the court must hear testimony in proof of the will.

and con

SEC. 17. Any person interested may appear test the will. Devisees, legatees, or heirs of an estate may contest the will through their guardians, or attorneys appointed by themselves or by the court for that Who may purpose; but a contest made by an attorney appointed by the court does not bar a contest after probate by the party so represented, if commenced within the time. provided in Article IV. of this chapter; nor does the non-appointment of an attorney by the court of itself invalidate the probate of a will.

contest will.

SEC. 18. If no person appears to contest the probate of a will, the court may admit it to probate on the testicontested, mony of one of the subscribing witnesses only, if he

If will not

same may be probated.

Olographic will may be probated.

testifies that the will was executed in all particulars as required by law, and that the testator was of sound mind at the time of its execution.

SEC. 19. An olographic will may be proved in the same manner that other writings are proved.

ARTICLE II.- Contesting Probate of Wills.

Proceedings to contest

SEC. 20. If any one appears to contest the will, he must file written grounds of opposition to the probate thereof, and serve a copy on the petitioner and other residents of the county interested in the estate, any one or more of whom may demur thereto to any of the grounds of demurrer provided for in the civil practice act of this territory applicable hereto. If the demurrer is sustained, the court must allow the contestant a reasonable time, not exceeding ten days, within which to amend his written opposition. If the demurrer is overruled, the petitioner and others interested may jointly or separately answer the contestant's grounds, traversing or otherwise obviating or avoiding the objections. Any will. issues of fact thus raised, involving: 1, the competency of the decedent to make a last will and testament; 2, the freedom of the decedent, at the time of the execution of the will, from duress, menace, fraud, or undue influence; 3, the due execution and attestation of the will by the decedent or subscribing witnesses; or, 4, any other substantial grounds affecting the validity of the will-must, on request of either party in writing (filed three days prior to the day set for the hearing), be tried by a jury. If no jury is demanded, the court must try and determine the issues joined.

On the trial the contestant is plaintiff, and the petitioner is defendant.

manded, court to summon.

SEC. 21. When a jury is demanded, the probate If jury decourt must summon and impanel a jury to try the case in the manner provided for summoning and impaneling trial juries in courts of record, and the trial must be conducted in accordance with the provisions of the civil How trial practice act for trials of issues of fact. A trial by the court must be conducted as provided in said civil practice act in cases of trials by the court.

SEC. 22. The jury, after hearing the case, must return a special verdict upon the issues submitted to them by the court; upon which the judgment of the court

conducted.

Verdict of

jury.

must be rendered, either admitting the will to probate or rejecting it. In either case the proofs of the subscribing witnesses must be reduced to writing. If the will is admitted to probate, the judgment, will, and proofs must be recorded.

SEC. 23. If the will is contested, all the subscribing witnesses who are present in the county, and who are of sound mind, must be produced and examined, and the death, absence, or insanity of any of them must be satisfactorily shown to the court. If none of the subscribing witnesses reside in the county at the time appointed for proving the will, the court may admit the testimony of other witnesses to prove the sanity of the testator and the execution of the will; and, as evidence of the execution, it may admit proof of the handwriting of the testator and of the subscribing witnesses, or any of them.

SEC. 24. The testimony of each witness, reduced to writing and signed by him, shall be good evidence in any subsequent contests concerning the validity of the will, or the sufficiency of the proof thereof, if the witness be dead or has permanently removed from the territory. SEC. 25. If the court is satisfied, upon the proof taken, or from the facts found by the jury, that the will was duly executed, and that the testator, at the time of its execution, was of sound and disposing mind, and not acting under duress, menace, fraud, or undue influence, a certificate of the proof and the facts found, signed by the probate judge, and attested by the seal of the court, must be attached to the will.

SEC. 26. The will and a certificate of the proof thereof, together with all the testimony taken, must be filed by the clerk, and recorded by him in a book to be provided for the purpose.

ARTICLE III.- Probate of Foreign Wills.

SEC. 27. Every will duly proved and allowed in any other state or territory of the United States, or in any foreign country or state, may be allowed and recorded in

the probate court of any county in which the testator shall have left any estate.

for probate of wills made out of terri

SEC. 28. When a copy of the will and the probate thereof, duly authenticated, shall be produced by the Proceedings executor, or by any other person interested in the will, with a petition for letters, the same must be filed, and tory same as the court or judge must appoint a time for the hearing; notice whereof must be given, as hereinbefore provided for an original petition for the probate of a will.

those made in territory.

Force and efmade and duly probated and allowed

fect of wills

SEC. 29. If, on the hearing, it appears upon the face of the record that the will has been proved, allowed, and admitted to probate, in any other state or territory of the United States, or in any foreign country, and that it was executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, or in conformity with the laws of this territory. tory, it must be admitted to probate, and have the same force and effect as a will admitted to probate in this territory, and letters testamentary, or of administration, issued thereon.

ARTICLE IV.- Contesting Wills after Probate. SEC. 30. When a will has been admitted to probate, any person interested may, at any time within one year after such probate, contest the same, or the validity of the will. For that purpose he must file in the court in which the will was proved a petition, in writing, containing his allegations against the validity of the will, or against the sufficiency of the proof, and praying that the probate may be revoked.

SEC. 31. Upon filing the petition a citation must be issued to the executors of the will, or to the administrators, with the will annexed, and to all the legatees and devisees mentioned in the will, and heirs residing in the territory, so far as known to the petitioner-or to their guardians, if any of them are minors; or to their personal representatives, if any of them are dead-requiring them to appear before the court, on some day of a

out of terri

tried as in

regular term therein specified, to show cause why the probate of the will should not be revoked.

SEC. 32. At the time appointed for showing cause, or at any time to which the hearing is postponed, perIssues of fact sonal service of the citations having been made upon any persons named therein, the court must proceed to try the issues of fact joined in the same manner as in an original contest of a will.

original con

test.

When trial by

jury to be had

on petition to

revoke pro

bate of will.

SEC. 33. In all cases of petitions to revoke the probate of a will, wherein the original probate was granted without a contest, on written demand of either party, filed three days prior to the hearing, a trial by jury must be had, as in cases of the contest of an original petition to admit a will to probate. If, upon hearing the proofs of the parties, the jury shall find, or, if no jury is had, shall revoke the court shall decide, that the will is for any reason invalid, or that it is not sufficiently proved to be the last will of the testator, the probate must be annulled and revoked.

When court

probate of

will.

will revoked

SEC. 34. Upon the revocation being made the powers If probate of of the executor or administrator, with the will annexed, must cease; but such executor or administrator shall not ministrator be liable for any act done in good faith previous to the

powers of ex

ecutor or ad

revoked.

revocation.

SEC. 35. The fees and expenses must be paid by the party contesting the validity or probate of the will, if Costs on peti- the will in probate be confirmed. If the probate is revoked, the costs must be paid by the party who resisted the revocation, or out of the property of the decedent, as the court directs.

tion to revoke

SEC. 36. If no person, within one year after the probate of a will, contest the will or the validity thereof, Limitation as the probate of the will is conclusive; saving to infants, and persons of unsound mind, a like period of one year after their respective disabilities are removed.

to contest of will.