The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-02-02

be heard and determined by the
Judge or Court having jurisdiction
thereof, without the intervention of
a jury" but, whenever the value of
the estate of any deceased person
shall exceed five hundred dollars,
any person claiming, before any |
Judge, sitting as Court of Probate,
such estate, or any part thereof, or
any interest therein, by virtue of any |
will or testamentaFy devise, or by |
virtue of the statutes of descent of |
property in this Kingdom; who may |
deem himself aggrieved by the de-
cision of such probate judge at cham
bers, may, upon taking his appeal to
the Circuit Court or Supreme Court,
| if any matter of fact is in issue, move
the Appellate Court that the issue be
tried by jury, and his motion shall
not be denied" See Civil Code (1882l
394, 395.
This latter section provides for an issue of
deUiSapit peE non, in Court of Law, to try
the validity of paper asserted and denied
|
jury, whether or not the testator did devise,
or whether or not that paper was his will.
4 Bro, C. c. 437 2 Atk., 424; Penn, 81.
An appeal may be taken by the
party against whom judgment has
been rendered by the Judges of Pro
bate at Chambers, and the appellee
may likewise move the Court that
any issue of fact may be tried by
jury. Civil Code, 1882, p. 395.
"On all appeals from decision
of Probate Judge at Chambers,
whether the same be tried by jury
or before the Court, without the in
tervention of jury, the record of the
Court below may be read as testi-
, mony, and either party shall be at
J liberty to introduce such further tes-
also to re-examine orally before such
: Court or jury on such appeal, any
) witness or witnesses, whom he may
2 have produced, and examined on the
8 original hearing. lib.
Additional evidence an appeal is to be
: closely scrutinized. Hawaiian R., "a.
SIN all cases in which any person.
whether subject of this Kingdom OF
otherwise, shall decease in any part
of this Kingdom leaving will in this
Kingdom of his or her property
within it's jurisdiction or abroad, Of
having died abroad and there left 6
will beqeuathing or dispOsing of his o.
her property in this Kingdom, it shall
be incumbe upon the person named
I as executor of such will, or on thu
= person to be benefited thereby, or OIL
a the person in whose charge the same
n was deposited, or some person in be
IF half of those interested, to apply t.
b. some Judge of Court of record, a
IS Chambers, for probate of such will
N and for citation of witnesses thereto
A. and of the next of kin of the de
a ceased. lib.
If "All applications for probate o
l. wills, or for letters of administration
y shall be by sworn petition, in which
i the party shall set forth circumstan
:, stantially all the facts upon which
10 his application rests civil CODE
4: 1882, p. 396.
De The probate of a will has no effect out c
ID the jurisdiction of the Court, before whic
re probate is made, either as to persons or pro
,e perty in foreign jurisdiction. YES, CT
De A; 1 Johns, Oh. 1853; Story's Conf. Laws
8, Secs. 512-517. In regard to the probate {
s. wills of reality, the Len rel sitG governs
d. personality is controlled by the len doneicih
is Wharf. Conf. Laws, Secs. $40, 5S7; Story
f. Conf. Laws, Secs. 50, 491 10 Moores, I
b. c., BOG.
i, Any person interested in the will ma
q compel probate of it by application to tn
8; Probate Court, who shall summon the e.
Is, ecutor party having the custody of i
4 Pick, So 8 Bac. Alb, 81, Executors
Il, To be cont61ued.)