Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-07-24
New Probate Court Rules

INC INSURANCE commissioner, or unless
and until such surety company shall have
filed with the register a power Of attor
ney or certified copy thereof authorizing
the execution Of such bond. The court
may require proof in the form of an af11-
davit or otherwise, that the person pur-
porting to be an officer Of any surety com.
pany and executing in behalf of the com.
pany any bond. letter or power Of attor-
ney, is in fact such an officer.
XVIII.
| The signature Of principals and suretfes
to all probate bonds should be written in
full and witnessed.
i XIX.
Sureties on the bonds Of administrators.
executors, guardians, trustees or conser-
| vators. will not be appointed appraisers.
or commissioners on the same estate. nor
Will any person who is related to the ad.
mlnistrator. executor, guardian, trustee.
| conservator or heirs at law within the
sixth degree be appointed to either Of
| said trusts. Christian names and resi-
dences Of principals and sureties on bonds
and Of appraisers and commissioners
should be fully stated.
Xxx.
| Any petition addressed to the court mao
be amended in matter of form under tho
oirecton OF the court. with or without
notice. when the rights Of parties will not
! be affected.
| All petitions for license to sell real
| estate shall contain an accurate descrip-
| ton OF the real estate to be sold and the
| order OF notice thereon shall contain a
| copy of such description and shall not be
| printed In the consolidated form.
XXI.
All omclal communications relating to
cases and business in court should be adj
dressed to the register Of probate to avoid
delay.
XIII
Parties not familiar with the proceed.
ings In the probate court are expected to
secure assistance of competent counsel
, Tors. Neither the Judge nor register can
| advise In matters coming before the court
XIV
No person entitled by law to admins
ter an estate shall be appointed within
thirty days after the death of the dece-
dent without consent Of all other persons
so entitled, other than creditors, who are
resident in this state
XIV
The judges of probate may order no.
tees on al petitions and other matters
presented to their several courts.
XXVI.
Letters testamentary or of administra-
ton with the will annexed and bonds in
cases Of nuncupative or lost wills are to
follow the general form of letters tesla
mentary and Of administrations with the
will annexed and bonds prescribed in
other cases of testate estates.
%%VII.
All lepositions shall be opened and filed
by the register at the term for which thev
were taken; and if the matters In which
they are to be used shall be continued.
sucr dispositions shall remain on file and
be open to all objections when offered at
the trial or hearing as at the return term.
and all dispositions shall remain on file at
least fourteen days; the party producing
deposition may then withdraw it by
leave of court, in which case it shall not
rbe used by either party.
XXVIH
When written evidence is in the hands
of an adverse party no evidence Of its
contents shall be admitted unless pre-
vious notice to produce 1t on trial or
hearing shall have been given to such ad-
verse party, or his attorney. and COM
ments by counsel upon a refusal to pro-
duce it will not be allowed without first
proving such notice.
xxx.
In cases of contested wills and &C
counts on motion Of the prepayment or ac-
countant. the party Directing may be re-
quired to file specifications of the grounds
of the objection before the day of hearing.
but amendments thereto may be filed nv
leave Of the court upon such terms as
may be deemed reasonable, but not with
out granting a continuance, If requested
by the prepayment or accountant, and in
such cases the hearing shall be confined
to the grounds Of objection specified.
xxx.
In cases of license to sell real estate at
private sale or to exchange real estate, a
certificate. under OATH of such sale or
exchange should be filed in the Registry
of Probate within 30 days, showing the
amount received or the real estate taken
In exchange. and the person to whom sold
or with whom exchanged
XXI.
No private claim of an administrator,
executor, trustee. guardian of an adult
or conservator of an estate shall be al
lowed in his account unless particularly
stated In writing. and notice Of such
claim included in the notice on said &C
count.
EXXII.
Wills must in every case be proved and
allowed in open court and in term time,
and In case the testimony Of the witness
or witnesses proving the will is not taken
down by the court stenographer and GER
tilted. the testimony shall be preserved by
an affidavit taken before the Judge or
register, and filed with the other papers
in the case
XXXIII.
All personal surety bonds, when pre-
scented for approval, should bear on the
back thereof a certificate OF a Justice of
the peace or notary public of the follow
ing tenor
l hereby certify that have made due
inquiry into the financial standing Of the
sureties on the within bond and find
then, "a ha iotpfIv uyorfh ahOvA THAR