Sec. 712b. Will by Choctaw and Chickasaw. The words "alienable" and "inalienable," used to restrict the disposition of lands in the supplemental agreement with the Chickasaws and Choctaws, 36 include disposition by will. The right and equity of an enrolled member of the Chickasaw nation, who died intestate in nineteen hundred and three before receiving an allotment, to a just share of the lands of the Chickasaws and Choctaws, was not devisable, and the title to the lands subsequently derived therefrom was not affected by the will. Prior to the fourth day of March, nineteen hundred and six, the Chickasaw Indians had the right to dispose of their devisable property by will made in accordance with the laws of the Chickasaws, the proper Chickasaw probate court had jurisdiction to probate these wills and its judgments are impervious to collateral attack.37 36 Act of July 1, 1902, Chap. 1,362, 32 Stat. L. 642. 37 Hays v. Barringer, 168 Fed. Rep. 220. 6. THE PROCEDURE IN THE PROBATE AND CONTEST OF A WILL. SECTION 713. Jurisdiction of probate court. 714. Proceedings of the court, how construed-Process, how issued and served. 715. Under substitution of jurisdiction rights remain the same. 716. Where wills proved-Letters testamentary granted. 717. Custodian of wills-Thirty days-Must deliver to whom. 718. Executor or other person interested may petition for probate of will. 719. What petition must show. 720. When executor held to renounce his right to letters. 721. Will in possession of third person-Procedure. 722. Petition filed-Will producedCourt must fix day for hearing. 723. Notice to heirs-How given. 724. Court may receive petition at chambers or out of term time. 725. Proof of service of noticeHearing proof of will. 726. Persons interested may appear and contest will. 727. Procedure where no person appears to contest. 728. Holographic will-How proved. 729. Written grounds of opposition to probate must be filed. 730. The court must give in writing findings of fact and conclusions of law. 731. Subscribing witnesses who must be produced and examinedProof of handwriting admitted. 732. Testimony of each witness reduced to writing. SECTION 733. Certificate of proof and facts found to be issued, if court satisfied upon proof. 734. Certificates together with evidence must be filed. 735. Will duly proved and allowed in any foreign country or state may be recorded, when. 736. Copy of will duly authenticated produced by executor must be filed-Petition hearing. 737. Must be admitted to probate, when, and letters testamentary issued. 738. Within one year after probate any person interested may contest same-Petition-Material facts to be shown. 739. Executors or administrators and all legatees and devisees must be cited. 740. If will offered by petition it must show all required in original case. 741. After service of citations, court must proceed to try the issues-Judgment. 742. Revocation being made, powers of executors cease-Acts done in good faith, executor not liable. 743. Fees and expenses paid by contesting party or by party resisting revocation. 744. Probate conclusive after one year. 745. Lost or destroyed will-How probated. 746. Lost or destroyed will must have been in existence at death of testator. 747. Lost will established-Provisions distinctly stated and certified-Filed and recorded -Letters issued. 751. Contest of probate of nuncupative wills-How conducted. 752. Court admitting will to probate must issue letters. 753. Persons competent to serve as executor. 754. Who may file objections to granting letters testamentary. 755. No executor of an executor authorized to administer estate of first testator. 756. Qualified executor may act during minority or absence of another executor. 757. When all executors named are not appointed those appointed may act-When coexecutor may act for all. 758. Administrators with will annexed have same authority as executors. 759. Form of letters. 760. Letters of administration with will annexed-Form of. 761. Letters must be signed by judge under seal. 762. Form for will leaving estate to wife. 763. Another form for will leaving estate to wife, also giving executrix power of sale and compromise. 764. Another form for will making specific bequests with devise to widow for life or during widowhood, with residuary clause. 765. Form for a provision in a will in trust for wife during life with remainder to children, advancements to be deducted. SECTION 766. Form for provision in a will giving power to trustee to continue business. 767. Form for devise of real estate to wife for life with remainder to brothers and sisters. 768. Form for devise to wife for life with rcmainder to children. 769. Skeleton form for codicil to last will and testament. 770. The procedure by which a last will and testament is admitted to probate-The form for the petition for probate of a will. 771. Form for order of hearing petition for probate of a will. 772. Form for notice of hearing of probate of will. 773. Form for proof of posting and mailing the foregoing notice. 774. Form for written testimony of subscribing witness to last will and testament. 775. Form for protest of heirs against allowing probate of last will and testament. 776. Form for order appointing guardian ad litem for infant heirs. 777. Form for the protest of guardian ad litem of minor heirs against the probate of the alleged last will and testament. 778. Form for the answer of proponents to protestants to will. 779. Form for order of court admitting will to probate. 780. Form for order of court refusing to probate last will and testament. 781. The procedure by which a will is contested after the same has been admitted to probate -The petition in such case. 782. Form for praecipe for sumImons in the action. SECTION 783. Form for agreement by parties to have cause referred to special judge for the determination of the question as to the setting aside of will. 784. Form for official oath of special judge. 785. Form for citation for executors to appear and answer petition. 786. Form for sheriff's return of 788. Form for reply to answer. 790. Form for petition for the pro- SECTION 791. Form for certificate of proof of foreign will. 792. Form for order admitting foreign will to probate. 793. The procedure by which a lost will is admitted to probateForm for petition. 794. Form for order of hearing petition to take proof of lost will. 795. Form for proof of publication. 796. Form for annexed notice by publication. 797. Form for order for hearing 798. Form for notice of the hearing Sec. 713. Jurisdiction of probate court. The county court has jurisdiction, and the judge thereof, power, which must be exercised in the cases, and in the manner prescribed by statute: 1. To open and receive proof of last wills and testaments, and to admit them to proof, and to revoke the probate thereof, and to allow and record foreign wills. 2. To grant letters testamentary, of administration and guardianship, and to revoke the same.1 Sec. 714. Proceedings of the court, how construed-Process how issued and served. The proceedings of the probate court are construed in the same manner, and with like intendments, as the proceedings of courts of general jurisdiction, and to its records, orders, judgments and decrees, there are accorded like force, effect and legal presumption as to the records, orders, judgments and decrees of district courts.2 1 Snyder, 5,136; Wilson, 1,477. 2 Snyder, 5,137; Wilson, 1,478. All process issued by the county court shall be served in the same manner, and by the persons and officers as provided for the service of process of the district court, with the same fees.3 Sec. 715. Under substitution of jurisdiction rights remain the same. Under the substitution or transfer of jurisdiction provided in Section 5939 (Snyder), the law and the rights of parties shall in all other respects be and remain the same; and if, before the issues so transferred are decided, or the administration of such estate is closed, another person be elected or appointed and qualified as judge of the county court, who is not disqualified to act in the settlement of the estate, he must resume full jurisdiction of the case, and upon notice of that office from the county court, the clerk of district court must return all papers and records to the county court.* Sec. 716. Where wills proved-Letters testamentary granted. Wills must be proved, and letters testamentary or of administration granted: 1. In the county of which the decedent was a resident at the time of his death, in whatever place he may have died. 2. In the county in which the decedent may have died, leaving estate therein, he not being a resident of the State. 3. In the county in which any part of the estate may be, the decedent having died out of the State, and not resident thereof at the time of his death. 4. In the county in which any part of the estate may be, the decedent not being a resident of the State, but dying within it, and not leaving estate in the county in which he died. 5. In all other cases, in the county where application for letters is first made.5 3 Snyder, 5,138; Wilson, 1,479. 4 Snyder, 5,140; Wilson, 1,481. Snyder, 5,142; Wilson, 1,483. |