Evening star., 1901-07-10
IN CODE.
Additional Amendments Proposed BY
Bar Association,
MANY OF MATERIAL IMPORTANCE
Sections Relating to Divorce.
Usury and Real Estate.
P r o B ATE M A TIE r S

P r OBJ ATE M TIERS
The proposed amendments to the new
code Of laws for the District of Columbia,
which were briefly reviewed In some Sec
ticns In The Evening Star Monday, in
clude many other material changes be-
sides those mentioned. Regarding willis
where there are unknown heirs or next
of kin 1t is provided that in all cases where
such parties are unknown they may be
proceeded against by publication. and by
such publication shall be as effectually
bound and concluded as II known and their
names specifically set forth in such pub
Hcation.
In case any will shall have been hereto
fore admitted to probate upon publication
against unknown heirs or next of kin. any
person interested may file petition for
further probate of such will, alleging that
the heirs-at-law or next Of kin of the de-
ceased. or some of them, as the case may
be, are unknown. and upon satisfactory
showing being made to the court publica-
tion of notice may be made against the un-
known next of kin or heirs-at-law of the
deceased. and upon such publication being
made, as required by the court a decree
may be made confirming such previous
probate. and such decree so made shall
NC tiS cAIcCludl dS IL tne SAID holrS-at-aW
or next or Kin were named in the order Of
publication.
1t is provided regarding the lease of in
rant S estate that in cases where it shall
appear to the court that it will be to the
advantage of the infant that his real estate
shall be demised, the said court shall have
the power to decree that the same be so
demised for term of years not to exceed
the minority of the infant, yielding such
rents and on such terms and conditions as
the court may direct: Provided That where
the infant is entitled to only a part of the
estate as tenant in common, Joint tenant
tenant of the particular estate or remain
derman. or otherwise. all the owners of the
other interests assent to the passing of such
decree.
Proving of Wills.
The section in the present code under the
caption wills proved after letters granted
is stricken out and the following recon-
mended
If administration be granted, and a will
disposing of the estate of the deceased
shall afterward be proved, according to
law, and letters testamentary shall have
issued thereon, the same shall be consider
ed a revocation of the letters of admins
tration. But the administrator shall not
be held to answer for any acts done by
him according to law. in good faith, and in
ignorance of such will and before any ac-
tual or implied revocation of his letters,
and the executor obtaining letters shall be
authorized to prosecute any actions at law
or in equity commenced by the admins
traitor and obtain judgment in his own
name and likewise to defend any suit COM
menced against the administrator; and
said executor shall have the benefit of all
judgments obtained by the administrator
and be bound by all judgments obtained
against him to the extent Of assets re-
ceived by said executor, unless said judg-
ments were obtained by fraud.
And it shall be the duty of said admins
traitor to account for and deliver to the
executor without delay all goods chattels
and personal estate and proceeds of any
realty sold In his possession. belonging to
the deceased. In default Of which his bond
may be put in suit by the executor or ad-
ministrator cum testamento annexo.
And il distribution of the estate or any
part thereof shall have been lawfully made
by the administrator the distributee or dis
tributes and their personal representa-
tives. and not the administrator 50 dis
tributing the estate, shall be answerable
for the property so distributed. its
value, to the person or persons thereto
titled
And If any will be hereafter adjudged in
valid in any action begun after distribu-
tion Of the estate. or any part thereof. law
fully made by the executor executrix,
in good faith and without knowledge on his
her part of the invalidity of such will.
and without notice that such action was
intended, the distributee distributes Of
the property, and their personal represen-
tatives, and not such executor or executrix.
shall be answerable for the property. or its
titled.
HabituaI Drunkards.
1t Is provided that the Supreme Court OF
the District of Columbia may appoint a
bonded committee to take charge of the
property of any person residing in the Dis
trict who may be untitled for caring for
his own affairs by reason Of habitual
drunkenness. When such person shall have
reformed his habits to the satisfaction Of
the court he shall be restored to possession
Of his property and the committee dis
charged.
In relation to attachments 1t Is provided
that attachment may also be
n the or banas of
executor or administrator. and shall
bind the same from the time Of service;
but II the executor or administrator shall
make return to the writ that he cannot
certainly answer whether the defendants
share Of the money or property in his
hands will prove sufficient to pay the plain
tiff's debt no judgment of condemnation
shall be rendered as against such executor
or administrator until the passage by the
Orphans Court Of his final or other ac-
count showing money or property In his
hands to which the defendant Is entitled.
The sections relating to the recording OF
deeds and similar instruments are changed
In many particulars. The amendments pro-
vide that the recorder shall record all mort
cages and deeds Of trust in the same man
ner as absolute Deeds and that he shall
not accept for record any instrument which
shall not be executed and acknowledged
agreeably to law by the person or party
therein granting or contracting with re-
spect to his right, title or interest in the
land described
Renl Estate Corporations.
The section governing corporations which
buy, sell or deal with real property pro-
vides that nothing in the section shall be
held to authorize the organization of cor
porations to buy, sell or deal in real estate
except corporations to transact the busl-
ness ordinarily carried by real estate
agents. If any corporation fails to comply
with such provisions any creditor or other
interested person may by petition for man
damus against and its officers compel
such publication to be made. and in such
case the court shall require the corporation
or the officers at fault to pay all expenses
of the proceeding, including counsel fees.
Section Gel is amended so as to read: No
loan of money shall be made by any COM
pany upon the security. in whole or In part.
Of it's own stock: and II any such loan shall
be made the trustee or officer authorizing
the Sa me shall he reSDOnsible the cor