Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-04-24

JuStlce presiding in Criminal Division
l should prefer to go outside the
OF the grand jurors would be trans
ferred to the petit panel to take the
place OF the foreman. Under the pres
emit law the foreman can be chosen
only from among those summoned on
the grand Jury.
Probate Practice Changes.
Among the important changes in
the probate practice are the follow
ing:
Power is given under section 1894
to continue under certain restrictions
the decedent's business, providing
that the ffduciary shall Ale monthly
statements showing all receipts and
disbursements. debts contracted and
obligations incurred and the profit
and loss. This is a distinct departure
from the old decisions. which held the
fduciary liable for all losses and ap-
propriated all profits for the estate.
Section 126 has been amended so as
to give the court complete jurisdic-
ton to remove any fiduciary who APP
pears to be in default in respect to
rendering any inventory or account,
and providing that upon return of a
summons by the marshal mot to be
found" an alias summons shall be
mailed to the last known post Office
address Of such fduciary or served
within the jurisdiction of the court.
and on the failure of the fiduciary
to appear the court may revoke his
power to act and may make such
further order and other appointment
as justice may require.
Section 1877 provides that while q
caveat Is pending or the case is on
appeal no prior will shall be admit
ted to probate.
Section lao provides that upon the
trial of issues raised by a caveat in
opposition to the decedent's will per-
the Jurisdiction Of the court.
Sections 278 to 2S0 have been so
amended as to leave no controverted
question as to who is entitled to let
tiers of administration.
Section $50, dealing with the duties
of a collector, distinctly states that
he shall be liable to an action by any
creditor of the deceased and fixes his
maximum commission at 10 per cent
instead Of per cent, and further
provides that he may be authorized
by the court to take possession of the
real estate.
Must File Power Of Attorney.
Section 30S makes it mandatory for
any nonresident fiduciary to file a
power Of attorney designating the
register Of Wills as the person upon
served. In the event the f1duciary
fails to file the power of attorney
within ten days after the passing of
the order Of appointment, the order
shall stand as revoked and he shall
forfeit all his rights to the office as
fiduciary.
A startling change regarding the
unjust discrimination against the
widow of a decedent has been made
under sections 374 to SIT. and now
the widow or surviving husband is
placed on an equal footing and in
stead Of the surviving husband talk
ing all Of the personal property he is
entitled to only one-third in case
there be child or children or de-
scendants from a child.
Section AGA provides that the bond
required from fiduciary shall be in
the form of an undertaking, under
seal. in a maximum penalty, and the
court is clothed with authority to en-
ter such judgments and DEGREES
against the principal and surety as
law and justice may require.
Section 1173 is SO amended as to
give the surviving husband the right
to renounce all bequests or devises
made to him. by the will of his wife
and to take the distributive share in
her personal property which he would
have taken had she died leaving no
will.
Section s30a provides that whose
ever secreteS any property belonging
to the estate Of a deceased person
shall be punished by a fine not ex-
ceeding $4,000 or Imprisonment for
not more than two years. or both.