The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-07-13

bench since 1904. when Justice Shiras
retired.
ter date of its enactment in order to
give ample notice of It's adoption
After Discovered VIII.
Mr.. Williams also pointed out the
danger OF purchaxing land of a de-
cedent, under the present law, espe-
eially when he leaves q will.
Under the present law. II a man
die without a will and his heirs sell
his realty. a purchaser In good faith.
without notice, and for valuable con-
sideration, is protected IL no will be
discovered and probated within two
years from the death of the owner
of the land: but there is no certain
protection offered the purchaser for
value in good faith from those who
take title under will first probated
against tho danger of the discovery
and probate OF a later will that might
well leave tho property to other de-
yiseeS than those named In the first
will.
Mr. williams urged the Legislature
to make the law perfectly clear that
all papers claimed TO be Wills. whether
executed simultaneously or in sue
ceesion, must be offered for probate
within two years from the death of
the testator and not thereafter. and
cited Texas statute In support OF
this recommendation.
Again. Mr. williams called atten-
ton to the fact that in the proceed
Ing TO contest the court probate of a
Will by bill In chancery, the issue be-
fore jury Is now limited to deter
mining alone how much of the pa
per probated In the true last will Of
the decedent There may be several
papers that are claimed to be true
Wills and yet only the one paper pro-
bated and essailed may be considered.
Quoting the wise decision OF Judge
Thomas w. Harrison in the Circuit
Court OF Clarke County in r1ne Meade
will case. MI williams urged that the
Legislature require the issue In a will
contest OF this character TO include
all papers that may be in existence as
possible wills. IN order that the one
issue may determine finally what is
the true win Of the decedent-
To Assail a Foreign VIII.
Again. 1t was pointed oat that there
ts now no certain method provided in
Virginia for questioning the probate
OF foreign will. II q will be pro-
bated in another State. an authenti-
Gated copy OF Il may be recorded in
iEklnG. ana thkS Will De operative
to pass title sven to land IN Virginia.
provided the probate proceedings in
the other State were in full compliance
with ell the requirements Of the vir-
gina Stature. White West Virginia
has statute expressly providing how
a foreign wifi 30 proeated shall be
contested, there 10 no such statute in
Virginia,
Clerk May Probate VIII.
Under the present law in Virginia.
explained the speaker. a will NAV be
admitted to probate by the clerk. to
have the same effect as IL probated
test a will probated by the clark Is by
appeal from his order to the court
which appeal must be noted within
ore year from the order admitting
the will 10 record. If. however. the
Will be probated In court, where the
mere formal proceeding offers moro
protection against the proof OF q spu-
rious will than 10 afforded by the pro-
bate before the clerk, a bill In chan
Gerry may be filed to contest the will
within two yearM
Moreover. while the statute permits
an infant 10 file a bill to impeach or
establish the will within one year
after he becomes of age where the
probate has been made by the court,
there is no such saving in favor of an
infant where the probate has been
made by the clerk.
Obviously. this illogical situation
is a legislative oversight, said Mr.
williams. and ne urged that the pro-
cedure either to impeach or ex6abltsh
the Will he made the same whether
the probate be before the court or Ivy
the clerk. Then. too. the sewing
made by section 2s45 in favor OF in
fants and non residents, should be Ell.
larged to include insane persons with
in a reasonable time after restoration
TO sanity and made available where a
will has been admitted to- probate
either by the clerk or by the cour-
At the conclusion OF the address
the paper was referred to the codi-
ncation committee OF Virginia.
To Spend Afternoon In Newport
News.
The members of the association this
morning received an invitation from
the Newport News and Hampton
Railway. Gas and Electric Company
for a trolley ride TO Newport News
and one from Captain Thomas Bald
win. OF the Atlantic Coast Aeronau-
teal Station for them to visit the
school at the municipal boat harhor,
Newport News.
After visiting the Curtiss school
the lawyers went to the plant OF the
Newport News Shipbuiiding and Dry
Dock Company. having been inrited
to visit that plant
Lndley n. Garrison, former Eec-
rotary Of tho Treasury. will talk to-
morrow on Reforms Needed In the
Laws OF America" The convention
closes tomorrow
Mr.. HuntUn's Address.
An address that has been looked
toward 20 by members was delivered
Tuesday by President Eppa Hunton,
Jr.. who discussed At length the SUBJ
ject. Legal Preparedness to Meet In
te~nat!onal Economic Conditions
When the Present War Ende." The
er~s'se- MesenIad - true the state
ment Of numerous students ana busi-
rexs men that the United States will
enter the markets OF the world not
only against organised competitors,
h,t owofs&ut Arru ptxaA cvvrt o~.@