time of his death, or being such non-resident and dying within the State and not leaving estate in the county where he died, the Probate Court of that county in which application is first made for letters testamentary or of administration, has exclusive jurisdiction of the settlement of the estate. CHAPTER II. OF THE PROBATE OF WILLS. ARTICLE I. PETITION, NOTICE, AND PROOF. ARTICLE I. PETITION, NOTICE, AND PROOF. SECTION 1298. Custodian of will to deliver same to whom. Penalty. 1299. Who may petition for probate of will. 1300. Contents of petition. 1301. When executor forfeits right to letters. 1302. Will to accompany petition, or its presentation prayed for and how enforced. 1303. Notice of petition for probate, how given. 1304. Heirs and named executors to be notified, how. 1305. Petition may be presented to Judge at chambers, and what Judge may do. 1306. Hearing proof of will after proof of service of notice. 1308. Probate, when no contest. 1309. Olographic wills. of will to deliver same to whom. 1298. (§ 4.) Every custodian of a will, within Custodian thirty days after receipt of information that the maker thereof is dead, must deliver the same to the Probate Court having jurisdiction of the estate, or to the executor named therein. A failure to comply with the Penalty. Who may petition for will. provisions of this section makes the person failing responsible for all damages sustained by any one injured thereby. 1299. (§§ 5, 9.) Any executor, devisee, or legatee probate of named in any will, or any other person interested in the estate, may, at any time after the death of the testator, petition the Court having jurisdiction to have the will proved, whether the same be in writing, in his possession or not, or is lost or destroyed, or beyond the jurisdiction of the State, or a nuncupative will. Contents of petition. When executor forfeits right to letters. 1300. (§ 6.) A petition for the probate of a will must show: 1. The jurisdictional facts; 2. Whether the person named as executor consents to act, or renounces his right to letters testamentary; 3. The names, ages, and residence of the heirs and devisees of the decedent; 4. The probable value and character of the property of the estate; 5. The name of the person for whom letters testamentary are prayed. No defect of form, or in the statement of jurisdictional facts actually existing, shall make void the probate of a will. 1301. (§ 5.) If the person named in a will as executor, for thirty days after he has knowledge of the death of the testator, and that he is named as executor, fails to petition the proper Court for the probate of the will, and that letters testamentary be issued to him, he may be held to have renounced his right to letters, and the Court may appoint any other competent person administrator, unless good cause for delay is shown. 1302. (§§ 10, 11.) If it is alleged in any petition that any will is in the possession of a third person, accompany petition, or sentation enforced. its pre prayed for and how and the Court is satisfied that the allegation is cor- Will to rect, an order must be issued and served upon the person having possession of the will, requiring him to produce it at a time named in the order. If he has possession of the will and neglects or refuses to produce it in obedience to the order, he may by warrant from the Court be committed to the jail of the county, and be kept in close confinement until he produces it. 1303. (§§ 13–16.) When the petition is filed and the will produced, the Probate Judge must fix a day for hearing the petition, not less than ten nor more than thirty days from the production of the will. Notice of the hearing shall be given by the Clerk of the Court, by publishing the same in a newspaper of the county; if there is none, then by three written or printed notices posted at three of the most public places in the county. If the notice is published in a weekly newspaper, it must appear therein on at least three different days of publication, and if in a newspaper published oftener than once a week, it shall be so published that there must be at least ten days from the first to the last day of publication, both the first and the last day being included. If the notice is by posting, it must be given at least ten days before the hearing. Notice of probate. petition for how given. named to be 1304. (§§ 14, 15.) The heirs of the testator, resi- Heirs and dent in the county or State, must have written or executors printed copies of the notice of the time fixed for the notified, probate of the will, addressed to them at their places of residence, postage paid, and placed in the Post Office by the petitioner, at the date of the first publication; the notice must be issued by the Clerk, over his official seal. Proof of the mailing of the notice must be made at the hearing; the same notice and Petition may be presented to Judge at chambers, and what Judge may do. Hearing proof of will after proof of service of notice. Who may appear and will. proof of service thereof on the person named as executor must be made, if he be not the petitioner; also, ou any person named as co-executor, not petitioning. 1305. (§ 12.) 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. 1306. (§ 17.) At the time appointed for, or to which the hearing may have been postponed, the Court must require proof, by affidavit, that the notices herein before required have been personally served or mailed and published, which being made, the Court must hear testimony in proof of the will. If such notice is not proved to have been given, or if, from any other cause, it is necessary, the hearing may be postponed to a day certain, and notice to absentees given thereof, as original notice is required to be given. The appearance in Court of parties interested is a waiver of notice. 1307. (§ 18.) Any person interested may appear contest the and contest the will. Devisees, legatees, heirs, or creditors of an estate may contest the will through their guardians, or attorneys appointed by themselves or by the Court for that 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. 1308. (§ 19.) If no person appears to contest the probate of a will, the Court may admit it to probate when no on the testimony of one of the subscribing witnesses Probate, only, if he testifies that the will was executed in all contest. particulars as required by law, and that the testator was of sound mind at the time of its execution. wills. 1309. An olographic will may be proved in the Olographic same manner that other private writings are proved. ARTICLE II. CONTESTING PROBATE OF WILLS. SECTION 1312. Contestant to file grounds of contest, and petitioner to reply. 1313. How jury obtained and trial had. 1314. Verdict of the jury. Judgment. Appeal. 1315. Witnesses, who and how many to be examined. 1316. Testimony reduced to writing for future evidence. 1317. If proved, certificate to be attached. 1318. Will and proof to be filed and recorded. to file contest, and petireply. tioner to 1312. (§ 20.) If any one appears to contest the Contestant will, he must file written grounds of opposition to the grounds of 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 upon any of the grounds of demurrer provided for in Part II, Title VI, Chapter III of this Code. 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 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 |