Evening star., 1901-02-08
WILLS AFFECTING REAL ESTATE.
Interesting Points of the COmmltte,
Report on Proposed Bill.

Interesting Points of the Committee
Report On Proposed Bill.
The report of the House District commit
tee on the bill relating to execution of Wills
affecting real estate has been drawn by Mr..
Jenkins.
Prior to the passage of the act entitled
An act comforting on the Supreme Court
of the District of Columbia Jurisdiction to
take proof of the execution of wills affect
ing real estate. and for other purposes no
authority existed in any court Of the Dis
trict for the probating of wills Of real
estate" says the report
Such authority was given by that act
to the Supreme Court of the District upon
specified terms of notice to the testatOr's
heirs at law and next Of kin, but the act
failed to provide for substituted service by
publication where such heirs and next of
kin were unknown. The first and second
sections of this bill provide for that con-
tingency. The third section Of the bill is
intended to safeguard an executor, who, in
good faith and under orders of the court,
may distribute the estate, against the
claims of heirs at law and next of kim who,
after such distribution, may successfully
contest the validity of the will.
The bill as amended has been approved
by the Commissioners of the District. upon
the recommendation Of the attorney for
the District. The propriety of this legis-
lation Is well shown In a case which arose
IN the DlStrlct or Columbia recently. An In
sane lady ninety-three years Of age died.
leaving will made eighteen years before.
providing for the appointment of an execu-
tor named In the win. The probate act of
June 8, 1898. as shown, failed to provide
for substituted service by publication on
unknown next Of kin And although the
court appointed the executor named In the
will, abstract title Companies declined to
pass deeds OF the read estate bequeathed
because of the want of, legal service on
unknown heirs at law And next Of kin.
The testatrix had rfiades.her home from
the time OF her marriage, seventy years
relatives, and appears lto have known little
about, and cared less 'for her own relatives.
She had received all isarI property from her
husband, and her will disposed Of 1t as he
desired. 1t was generally believed that she
left no ascendants oriidescendants. After
every reasonable effeut had been made. 1t
was impossible to find tho, name or where
abouts or any of her rpAternal relatives.
Her father was an Ehgnshman, who died
great many years ago; and what relatives
he still has cannot bksascertained. On the
maternal side three, relatives only were
found, one first cousin and two second
cousins. Whether or not they are next of
kin to the testatrix is not known.
The statute requires distribution to be
made within fifteen months, and yet the
probate act of 1898 gives the next of kin.
II they should happen to be infants, as
much as twenty-five years in which to come
in and contest the validity Of the will.
Manifestly the executor ought not to hold
up the estate for such a long term of years,
nor ought he to be required to guarantee
the validity of the will under which he
acts. This estate spoken of amounts to
oyer $109, 900" Is 4s y.