The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1883-03-31
The New Act Providing for the
Probate of Willis.

OF the Acts of one thousand eight
hundred and eigtft-two.
Be IL enacted by the Legislature Of
Vest Vtsginta:
That sections twenty-five. twenty.
six and twenty-ninc ofchapter eighty
four Of the Acts of one thousand
eight hundred and eighty-two be
and the same are hereby, amended
and re-enaetsd so as TO reed as fol.
lows.
25. Where will relative to estate
within this State has been proved
without the same, an authenticated
copy, and the certificate of probate
thereof. NAV he 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 pre-
sumo, in the absence of evidence to
the contrary. that the will was duly
executed and admitted to probate as
a will Of personally in the State or
county Of the testator's domical, and
shall admit such copy to probate as
will OF personally in this State.
And il it appears from such copy
that the will was proved in the foreign
conrt OF probate to have been so ex-
ecuted as To he II valid will of land
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 wears
from the time such authenticated
copy is admitted to record, upon rea-
sonable notice to the parties inter
es@d, have the order admitting the
same set aside, upon due and salts
factory proof that such authenticated
copy was not true copy of such will
or that the probate Of such will has
been set aside by the court by which
it was admitted to probate or that
such probate was improperly made
26. TIE clerk of any County Court,
during the recess Of the regular SEES
sons 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 Fhe prohote Of every will so
made by such clerk shall be reported
by bin to the next regular session
of the Comfy Court, when, if no OBJ
lection he made thereto and none ap-
pear to the court, the court shall con
firm the same; but if objection lie
made by any person interested, the
County Court shall hear and deter
mine the same, and shall proceed in
relation there into the same manner
as II the application for the probate
OF such viii 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 respects rs if
the will had been admitted to record
by tho County Court in the first in,
stance.
Or person desiring the probate
of win 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 persons, so far as he
knows or believes, are interested in
the probate thereof. The conrt or
clerk shah thereupon award the
proper process a ainst the persons
(f any alleged in 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 if any such per-
sons he non-residents of this State or
their names he unknown, the court
or clerk shall make the necessary
order Of publication as to them;
and If any of the persons so in
terested be infants, Or Of unsound
mind, the court shall appoint
guardian ad III M for them who
shall attend to their interests therein.
20 Any person feeling himself ag
grievel by any order or sentence of
the County Court confirming or refus-
ing to confirm the action Of the clerk
OF the County Court as to the probate
of any will, or in admitting or refus-
ing to admit any will to probate,
may, within one year, or if such a
person be under disability, within
one year after such disability is re-
moved, file his petition in the Circuit
Court Of such county, or before the
clerk thereof, appealing to said Circuit
Court from such order or sentence,
stating in said petition the grounds
of his appeal and the parties interes-
ted in the probate of the will; and in
case of such appeal it shall he the
duty of the clerk OF the County Court,
as soon as possible after he is inform
ed 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,
together with copies of AL orders and
proceedings thereon. The clerk of
the Circuit Court shall, upon the fl
ing of such petition, issue the proper
process thereon, and the case shall
he proceeded in. tried and determin-
ed in said court, regardless of the
proceedings before the County Court
or clerk thereof, and in the same
manner in all respects as the appli-