The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-03-02
TRANSFER PROBATE CASES
Text of Bill Passed by Legis-
lature and Signed by
Governor Haskell

The following is the Franklin act,
providing for transfer OF probate
cases from one county TO another.
signed by Governor Haskell On sat
urday:
Section /. When it'is made to ap-
pear that any probate matter is pend
ing in any court of this state which,
by acts Of congress and the cons.i u
ton, was transferred from the courts
of the territory Of Oklahoma and the
United States courts in the Indian
territory TO the courts of this state,
is not in the county where the venue
OF such suit, natter or proceeding
would lie Ii arising az er the admis-
sion of this state into the Union, the
court where such sui, matter or pro-
ceeding is pending shall upon the
application OF the guardian, execute
or administrator, or any other per-
son having substantial interest
therein, or upon his owE motion,
when a proper showing has been
made for removal, within twenty
days after application is made there
for, make an order transferring such
suit, matter or proceeding to the
county where the venue would prop
eriy lie If such suit, matter or pro
ceeding had arisen since The admis-
sion of this state into the Union, by
transmitting to such county the orig
inal papers, together with certified
copy of all orders and judgments,
Al 4yaot nf oil nf
costs; provided that where any minor
is the owner of an estate situated in
a county or in counties other than
that of his domicile and a guardian OF
curator has heretofore been appoint
ed for such minor or his estate in
any such county other than that OF
the domicile of such minor, such suit
matter or proceeding shall be trans
ferred. in the manner and upon the
conditions herein provided, to the
county Of the domicile of such minor
and provided, further, that such
original papers, together with sucr
certified copies of all orders and judg
ments, shall be filed in the court lC
which Il is removed and the same
shall proceed as if originally flee
therein without further service o
notice.
Section 2. All transfers of rec
ords, suits or proceedings Of a pro
bate nature which, by acts of con
gress and the constitution, wer
transferred from the territory of OK
lahoma and the United States court
in the Indian territory 10 the cou
of this state, and thereafter trans
ferred to another county, where sue
county would have been the prope
venue for such suit, matter or pre-
ceeding had such suit, matter or pre-
ceeding been commenced after tn
admission OF this state into the I'll
ion, be and the same are hereb
legalized, and no sale or other pre-
ceeding by the court 10 which sue
suit, matter or proceeding has bee
transferred shall be void because c
ouch transfer.
81, Section 3. In any case where
is shown 10 the court that the dom
cile OF the minor or ward has bee
changed from the county where th
guardianship is pending 10 anothe
county in the state, the GUARDIANSHIP
may, upon application verified b
oath, after notice has been given {
the next Of kin of such minor {
ward and upon good cause shown, b
removed TO such other county, whic
would be the proper venue, in IN
manner and upon the conditions pr,
seribed in Section ] of this act fc
the transfer of suits, matters or pr
ceedings. II the court finds that IN
domicile of the minor or ward hs
been changed N good faith and ih;
such transfer would be for the be-
interest OF such minor or ward
Section 4 is the emergency,