Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-03-22
TIRE NEW ACT PROVIDING FOR THE
PROBATE OF WILLS.

twenty-nine of chapter eighty-four Of
the Acts of one thousand eight hum
dred and eighty-two.
Be IL enacted 6g The Legislature Of
West Virginia:
That sections twenty-five, twenty-six
and twenty-nine of chapter eighty-four
ofthe Acts of one thousand eight hum
dred and eighty-twO be, and the same
are hereby, amended and re-enaeted so
as to read as follows:
%. Where will relative to estate
within this State has been proved with
out the same, an authenticated copy,
and the certificate of probate thereof,
may be offered for probate in this State.
When such copy is so offered, the court
to which, or the clerk to whom, it is
offered shall presume, in the absence of
evidence to the contrary, that the will
was duly executed and admitted to pro-
bate as will of personally in the State
or country of the testatOr's domicil, and
shall admit such copy to probate as
will of personality in this State. And if
II appears from such copy that the will
was proved in the foreign court of pro-
bate to have been so executed as to be q
valid will Ofland in this State by the law
thereof, such copy may be admitted to
probate as will of real estate. But
any one interested, may within five
years from the time such authenticated
copy is admitted to record, upon rea-
sOnable notice to the parties interested,
have the order admitting the same set
aside, upon due and satisfactory proof
that such authenticated copy was not a
true COPY of such will or that the pro-
bate of such will has been set aside by
the court by which it was admitted to
probate, or that such probate was inn
properly made.
%. The clerk of any County Court,
| during the recess of the regular sessions
| of said court, may admit wills to record
upon the same proof and with like
effect as the said county Court could
| do if in session, but no contest as to
such probate or record shall be heard
or determined by the clerk. The pro-
bate of every will so made by such
clerk shall be reported by him to the
| next regular session of the County Court,
when, IL no objection be made thereto
| and none appear to the court, the court
| shall confirm the same; but if objection
| be made by any person Interested, the
| County Court shall hear and determine
| the same, and shall proceed in relation
! there into the same manner as if the
| application for the probate of such will
! had been made to said court. When
/ the probate OF such will is confirmed by
| the court, with or without contest, the
same shall be held and treated in all re-
spects as if the will had been admitted
to record by the county court in the first
| instance.
Or a person desiring the probate of a
will may file his petition in the County
Court of the proper county
thereof and if the will
is not in his possession or control, state
in whose possession and control, to- the
best of his knowledge and belief, the
same is, and what person, so far as he
knows or believes, are interested in the
probate thereof. The court or clerk
shall thereupOn award the proper pro-
cess against the persons (if any alleged
i'm said petition to have the custody and
control OF such will, which process shall
be executed and returned in the same
manner as other process; and II any
such persons be n0n-residents OF this
State or their names be unknown, the
court or clerk shall make the necessary
order of publication as to them; and If
any of the persons so interested be in
fants, or of unsound mind, the court
shall appoint 8 guardian nd Item for
them who shall attend to their interests
therein.
%. ANY person feeling himself ag-
grIeyed by any order or sentence OF the
County Court confirming or refusing ID
confirm the action of the clerk Of the
County Court as to the probate OF any
will, or in admitting or refusing to adj
NIT any will to probate, may, within
one year, or if such person be under
disability, within one year after such
disability is removed, file his petition in
the Circuit Court of such county, or be-
fore the clerk thereof, appealing to said
Circuit Court from such order or sem
tence, stating i'll said petition the
grounds ofhis appeal and the parties in
terested in the probate of the will and
i'm case Of such appeal it shall be the
duty of the clerk of the County Court,
as soon as possible after he is informed
thereof, . to transmit to the clerk
of the Circuit Court the said will and
all the original papers filed or used
in the proceedings for such probate, to-
gether with copies of all orders and pro-
ceedings thereon. The clerk of the Cir
cult Court shall, upon the filing of such
petition, issue the proper process there
on, and the case shall be proceeded In,
tried and determined in said court, re-
sardless Of the proceedings before the
County Court or clerk thereof, and in
the same manner in all respects as ifthe
application for such probate had been
originally made to the Circuit Court.
THE above bill was passed February
80, and was approved February "A, and
to take effect from its passage.-ED.I o.
Two Georgia Babies with Fanny Names
From. the Hdwkiasville Gazette.