Executors and Administrators

BY

JAMES SCHOULER, LL.D.

AUTHOR OF TREATISES ON MARRIAGE, DIVORCE, SEPARATION AND DOMESTIC
RELATIONS;" AND "PERSONAL PROPERTY,’

ETC.

SIXTH EDITION

COMPLETELY REVISED AND ENLARGED

BY

ARTHUR W. BLAKEMORE

OF THE BOSTON BAR

EDITOR OF SCHOULER ON "MARRIAGE, DIVORCE, SEPARATION AND DOMESTIC
RELATIONS, SIXTH EDITION," AUTHOR OF "WILLS" IN " 'CYC,'' ETC., ETC.

IN FOUR VOLUMES

VOLUME II

MB

ALBANY, N. Y.

MATTHEW BENDER & COMPANY

INCORPORATED

1923

300807

Copyright 1883, 1886, 1889, 1892, 1900, 1901, 1910
BY JAMES SCHOULER

Copyright 1915

BY MATTHEW BENDER & COMPANY

INCORPORATED

Copyright 1923

BY MATTHEW BENDER & COMPANY

INCORPORATED

730. Duty of Producing the Will; Fundamental Importance of De-

termining Testacy or Intestacy, etc.....

828

731. How Soon After the Testator's Death Should the Will be Pre-

sented for Probate..

829

738. Primary Probate Jurisdiction Depends Upon Last Domicil of

Deceased.

837

744. Duty of Other Custodians to Offer Will for Probate...

745. Procedure Against Persons Suspected of Secreting, Destroying,

843

etc., the Will...

844

SECTION

PAGE

746. Persons Who May Oppose Probate...

846

747. Petitioner May Object to Probate of Portion of Will.

748. Court Cannot Act of Its Own Motion..

847

848

CHAPTER IV.

PROBATE OF WHAT INSTRUMENTS.

749. Instruments Entitled to Probate..

750. Wills of Real and Personal Property.

751. Wills Torn or Altered....

752. Disposition of Property Necessary.

753. Codicils.

754. Secret Wills; Extraneous Documents Referred to..

755. Instruments Which Do Not Purport to be Testamentary.

756. Modern Laxity as to Papers of a Testamentary Character Cor-

rected by Statutes Requiring Attestation, etc....

757. Agreement of Parties in Interest to Conform; Compromise, etc.

CHAPTER V.

PROCEEDINGS IN PROBATE.

758. Petition and Proceedings for Probate, etc.; Probate in Common

Form and Probate in Solemn Form..

759. Probate of Will in Common Form; English Practice..

760. Probate of Will in Common Form; the Subject Continued..

761. American Statutes as to Non-Contentious Business..

762. Probate of Will in Solemn Form; English Practice.

763. Probate of Will in Solemn Form; American Practice.

764. Contest Over Conflicting Testamentary Papers.

765. Successive Applications for Probate.

849

850

851

852

852

853

854

855

858

861

864

867

868

869

872

875

876

876

876

878

769. Abatement of Proceedings..

880

770. The Proof Needful to Establish a Will; Proceedings at the

Hearing for Probate.

880

771. Proponent Goes Forward and Has Right to Open and Close the

Case.

883

766. Will Contest is in Rem....

767. Determination in Probate as to Validity or Construction.

768. Revocation of Probate..

COMPETENCY OF EVIDENCE OF EXECUTION, REVOCATION AND REVIVAL.

800. English Practice as to Producing the Subscribing Witnesses.

801. Declarations of Deceased Witnesses..

909

910

802. Conditions and Relations of Parties.

910

806. Record of Probate..

803. Will or Copy....

804. Evidence Contradicting Will.

805. Contents of Will..

807. Other Documents.

808. Handwriting of Testator and of Witnesses.

809. Declarations of Those Interested Under the Will.

911

912

912

912

913

913

913

810. Revocation; Lost Will; Declarations of Testator.

811. Revival.

914

915

820. Probate of Two or More Testamentary Papers; Duplicate Wills;

Grant to Executors..

924