davidaulloa/AmericanStories huggingface dataset:
Evening star., 1938-09-18
RULE 13.
Service and Filing Of PIeadings and
Other Papers.

Otncr f1perS.
Except as may be otherwise provided
in these rules, all pleadings and other
papers shall be served and filed in
like manner as provided in Rule S of
the Federal Rules Of Civil Procedure
Proof Of such service shall be made
before any Of such pleadings or other
papers will be considered by the court
The filing Of an acknowledgment Of
service will be sufficient or in lieu
thereof a statement Of the attorney
attached to or appearing on the oriei-
nal papers when filed. clearly stating
the time and manner in which service
was made will be accepted as prima
tacie proof Of service.
Evening star., 1938-09-18
RULE a.,
Stipulations and Agreements.

All stipulations and agreements n
any proceeding shall be invalid un-
less the same be reduced to writing
and signed by the parties thereto or,
their attorneys, or unless such stipu-
lations be made in open court or be-
fore master at trial or hearing Of
which a stenographic transcript is
made. or unless such stipulation be
made in the course Of the taking of
a deposition and . record thereof bs
made by or by direction of the officer
before whom the deposition Is being
taken.
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Attorney.
2. Service Of Publication.-No or
der or decree based upon notice by
such publication shall be passed un-
less the petitioner, his agent or at
torney, shall file In the cause an
af1idavit showing that at least twenty
days before the application for such
order or decree is made, he mailed,
postpaid, q copy of said publication.
directed to the party therein ordered
to appear, at his last known post
office address, or that he has been un-
able to ascertain the last post-office
address Of said party, after diigent
effort to ascertain the same, and. if
unknown heirs at law and next of kin
were included in said publication,
that he has not learned Of any heirs
at law and next OF kin who were
unknown at the time Of such publica-
ton.
Evening star., 1938-09-18
RULE %,
Bonds and UNDERTAKINGS.

DUHuS anu UHucI t1KINSS.
l. In all cases where a bond Is
required. the same shall conform to
the requirements of Title 3. Section 3,
OF the Code of the District of CO.
lumbia, unless otherwise provided by
statute or rule of Court.
2. Members of the Bar and Ohicers
OF Court.-No member Of the bar in
active practice or other of1icer OF the
Court shall be accepted as a surety
upon any bond or undertaking re-
quiring the approval Of the Court or
the Clerk.
Evening star., 1938-09-18
RULE ~.
Sale of Real Estate,


!. Petition.-A petition for the sale
of real estate Of decedent for the
payment Of debts or legacies must
designate specifically the real estate
owned by the decedent and what part
or parcel thereof it Is desired to sell,
and shall set forth the estimated
value of the personal property, the
amount Of the debts due from the
decedent, the allegation that the per-
sonal property is insufficient to dis
charge such debts, and in the case
Of will the legacies embraced therein,
and the names and addresses when
known) Of all the heirs at law and
legatees.
2. Parties.-No case shall be re-
ferred to the auditor for the purpose
Of ascertaining and reporting . de-
1iciency Of assets until all the re-
spoudents 10 any such petition are
before the court. either by answer
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RULE IS.
Collectors.

Neither the caveator nor his attor-
ney shall be appointed either as sole
or joint collector Of an estate pending
the trial Of . caveat, except by the
express consent Of the party in op-
position to the caveat, unless It shall
appea1 b the Court that such appont-
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RULE 3.
Clerk of Court,

l. Office Hours.-The Register Of
Wills shall keep his Office open from
9 o'clock am. until o'clock pm,
excepting Sundays and legal holidays.
2. Papers and Exhibits, Filing.-It
shall be the duty of the Register of
Wills, upon receiving and filing any
paper in cause, to note the date of
filing the same on the face thereof
next to tho title OF the cause. Such
date shah be noted upon each exhibit
anneXted or prefiXed to such paper.
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RULE 6.
Filing of Initial Pleadings

l. Upon the filing of an initial
pleading. the Register of Wills shall re-
quire a deposit for his costs, unless such
deposit be dispensed with by law or
order Of court, and shall Immediately
enter the cause upon the proper
docket.
2. (a) The initial pleading, motion
or paper offered for filing by any party
to q proceeding shall have added to
the caption thereof the name and
street post Office address OF the party
on whose behalf it is filed. The ad-
dress so stated shall be deemed con-
elusive of the fact in that regard in
the action in which filed, until another
and different written designation Of
address shall be filed in the action,
which later address shall then be given
like conclusive effect.
90 All papers rendered to the Reg
lister Of Wills for filing shall be on
opaque. white legal cap paper, ap-
proximately 8 inches wide by 13 inches
long, with backing sheets or covers,
and If consisting of more than one
sheet, shall be fastened at the top, and
shall contain, under the caption, its
identification, as, petition, answer, etc.,
together with brief statement as to
any affirmative relief prayed therein.
3. Pleadings, motions and papers not
conforming to the rules of this court
shall not be accepted for filing.
4. II counsel appearing for any
party does not maintain an Office
within the District of Columbia, there
shall be joined of record in such ap-
pearance, within ten Q0) days there
after, associate counsel having an Of
nee IN this district and admitted to
practice in this court: in default of
which, all pleadings filed in behalf of
such party may be stricken out by the
court, either upon motion or its own
initiative.
D. No attorney shall be permitted to
withdraw his appearance except by
leave OF court, after notice served by
him on his client. If the court shall
permit such withdrawal of appearance,
no service shall thereafter be made
upon the attorney so withdrawing.
8. Signature of Counsel.-Every bill,
petition, or other pleading shall be
signed individually by one or more at
torneys Of record. and such sigma
lures shall be considered as a certifl-
cate by each attorney that he has read
the pleading so signed by him; that
upon the instructions laid before him
regarding the case, there is good
ground for the same; that no scandal
Gus matter is inserted in the pleading;
and that 1t is not interposed for delay
Evening star., 1938-09-18

and thereby be exempted from In
ventory and account, the petition
shall state the facts on which this
privilege is claimed, and said petition
shall contain q prayer therefor.
2. Guardian Ad Litem.-If any of
the next Of kin or heirs at law be
an infant or person OF unsound mind,
the petition shall contain a prayer
for the appointment Of q guardian
ad litem for such infant or person.
3. Notice to Legatees.-No petition
for probate Of will shall be granted
until there shall have been notice to
each legatee and devisee named in the
will. at his last known address, show
ing the title of the court, the name of
the testator. the amount or nature of
the legacy and the name and address
Of the nominated executor, or other
petitioner therefor, or his counsel of
record.
The proof OF such notice shall be
by affdavit OF the petitioner, his
counsel Of record, or his agent, stating
that he has mailed. postage prepaid,
the notice aforesaid. Such afiidavit
shall contain verbatim the notice so
given, the name and last known ad-
dress Of each legatee or devisee, whether
adult. infant or incompetent, and, If
an infant or incompetent. it shall be
a sufficient compliance with this rule
that the notice aforesaid shall have
been directed to the infant or incom-
petent in care Of his guardian or COM
mittee. or the person in whose care
and custody he may be. In case any
Of the legatees or devisees aforesaid
shall not be known to the petitioner,
or their whereabouts be unknown, the
aforesaid atldavit shall so state.
Evening star., 1938-09-18
ment is necessary to the care. pro-
lection and security Of the estate.
RULE 26.
Trial Of Issues.

AAASA ~ 1DoUCDs
/. Calendar Of Will Contests.-The
Register of Wills as Clerk Of the Pro-
bate Court shall maintain q calendar
Of all will cases in which q caveat has
been filed and Of which no disposition
has been made, for use for that divi-
sion Of the District Court of the
United States for the District of
Columbia which Is now or hereafter
from time to time may be designated
by the order of the General Term, a
Probate Division or Special Term for
| the trial OF will contests. To said
calendar there shall be added by the
Clerk Of the Probate Court all will
cases In which caveats may be filed,
forthwith, upon their filing.
2. Caveat and Answer.-Hearing
Before Issues Framed.-Upon filing of
any caveat, the caveator shall forth
with serve upon tho proponent Of the
will against which it Is directed, or
his attorney OF record, copy thereof,
and within ten days after such service,
unless such time shall have been en-
iarged or extended by the Court for
good cause shown upon written motion
supported by an af11davit setting forth
the facts upon which the motion Is
made, the proponent shall make
answer thereto, serving forthwith q
copy OF such answer upon the caveator
or his attorney Of record. If such
answer raises questions necessary to
be determined before issues are
framed, it shall be placed upon the
motion calendar for hearing.
3. Filing Of Proposed Issues
Within ten days after the filing of an
answer to a caveat or In the event
OF questions being raised to be first
determined by Section OF this Rule,
then within ten days after the case
Is ready for the framing of issues,
the caveator shall file a form of order
framing issues II agreed upon by
counsel, otherwise, he shall file q mo-
tion to frame issues, attaching to said
motion the form Of issues prepared by
him. and he shall forthwith serve a
copy hereof upon the caveatee or his
attorney OF record together with no.
tice OF not less than five clear DAYS
that the same will be rendered to the
Motions Court for settlement, but the
court may. upon motion and supporting
affidavit as in cases provided for in
Section of this rule, enlarge the time
for such filing or settlement.
Upon failure to file and present
issues as above provided, the caveal
shall be subject to summary dismissal
upon motion by the caveatee or by the
| court, sua sponte.
4. Notification Of Trial.-When is
sues are framed, the notification of
the time and place Of trial, required
by law. shall be in the following or
| equivalent form:
IN THE DISTRICT COURT OF THE
UNITED STATES FOR THE
DISTRICT OF COLUMBIA.
Holding Probate Court.
Estate Of
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RULE 6.
Officers Before Whom Pleadings
Verified,

l. A pleading, affidavit or other
paper which is required to be sworn
to, may be verified within the United
States or within Territory or insular
possession subject to the dominion of
the United States, before an officer
having an impression seal and author
lied to administer oaths by the laws
Of the United States or of the place
where the oath is made.
2. In foreign state or country
such oath may be made before a
Secretary of Embassy or Legation,
Consul General. Vice Consul. or Con-
sular Agent of the United States.
Evening star., 1938-09-18
RULE is.
Amendment Of Pleadinxs. Etc.

Amendment of Pleadings, Etc.
The court may at any time. In fur
therance Of justice, upon such terms
as may be just, permit any process,
or proof Of service thereof, and any
proceeding, pleading or record to be
amended, or material supplemental
matter to be set forth in an amended
or supplemental pleading. The court,
at every stage of the proceeding. may
disregard any error or defect in the
proceeding which does not affect the
substantial rights of a party.
Evening star., 1938-09-18
RULE /.
Name and Effective Date Of Rules
Applicabi bility.

I. These rules shall become effec-
tive or the 18th day of October, 1888.
and may be referred to as the Probate
Rules.
2. These rules shall govern actions
and proceedings brought after they
take effect and also all further con-
duct of actions and proceedings then
pending. except to the extent that In
the opinion of the court their appli-
cation in particular action or pro-
ceeding pending when these rules take
effect would not be feasible or would
work injustice, in which event the for
mer procedure applies.
Evening star., 1938-09-18
RULE II.

Defenses and Objections.
When and How Presented.-Except
as may be otherwise provided in these
rules. or by order OF court all de-
lenses and objections shall be gov
erned by Rule IL Of the Federal Rules
Of Civil Procedure.
Evening star., 1938-09-18
RULE 21.
RULE 81.
Publication for Probate and
Administration.

Publication for Probate and
Administration.
l. Notice by Publication.-1f the re-
turn discloses that any Of the heirs
at law or next Of kin are mot to be
found" within the District of Column
bia and upon the written order of Pc
titioner or his attorney, the notice
by publication shall be in the follow
ing or equivalent form:
DISTRICT COURT OF THE UNITED
STATES FOR THE DISTRICT
OF COLUMBIA,
Holding Probate Court.
Estate of
daeee cad
Evening star., 1938-09-18
Defendant
Attorney.

Note. The defendant, herewith
served, is to enter appearance in this
suit. in the Office of the Register of
Wills, on or before the day at which
this writ Is returnable; otherwise the
may be taken
for ropfocend
Evening star., 1938-09-18
RULE IS,
Advertising.

Advertising done under authority
Of the court shall be paid for at rates,
per agate line. not to exceed IS cents
for each insertion.
Evening star., 1938-09-18
RULE 7.
Verif1catiOn of Pleadinrs.

l. Observation-Disclosures and other
papers asking for relief. based upon
averments of fact not otherwise ap-
pearing in the record, and answers to
the same, shall be verified by oath or
Affirmation of the petitioner, except
when verification of the answer is
waived by the opposite party.
g. Suflciency.-Whenever it shall
become necessary to verify any plead
ing, It shall be sufficient II the af1.
davit verifying the same shall recite
Evening star., 1938-09-18

sive weeks before the return day
herein mentioned, the first publicatio
to be not less than thirty days be-
fore said return day.
Witness the Honorable
-----------Chief Justice OF said
Court, this--------day of--.,
A. D. H..
Attest:
Evening star., 1938-09-18
RULE N

EXecutt0n ma AttaChm00A
Judgments, orders and DEGREES Of the
Probate Court shall be enforced In Ike
manner Is provided in Rules 50, 70 and
II Of the Federal Rules Of Civil Pro-
cedure and Rules 81, 81 and 81 Of ths
Rules Of Civil Proceduer Of this Court.
Evening star., 1938-09-18
RULE 80.
Masters.

l. Appointment and Proceedings.
The appointment Of Masters and all
proceedings hereunder shall be In the
manner provided in Rule So Of the Fed
eral Rules Of Civil Procedure.
2. Oath-When q reference Is made
to . master, other than an examiner.
he shall be sworn well and faithfully
to hear and to examine the action, and
to make Just and true report therein.
according to the best Of his UNDER
standing. The oath may be admins
Gee COURT. Paee D-l3.)
Evening star., 1938-09-18
RULE 20,
Investment Of Trust Funds.

Investment Of trust funds under the
jurisdiction Of the Probate Court shall
be as provided in Rule 48 Of the Rules
Of Civil Procedure Of this court,
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RULE 81.
Rule Dey,

The term Rule Day" designates the
flrst Tuesday Of the month to which it
relates. (see Section $50. Title "A.
Code).
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REGISTER Of Wills for the District of Co.
lumbia. Clerk Of the Probate Court.
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Administration Docket .
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RULE 16.
Continuance

Continuance Of hearings in probate
proceedings shall be by written order
Of the court in all instances,
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Administration Docket

Administration Docket
application having been made herein
for probate Of the last will and testa-
and for letters on said
estate, by----------, 1t is ordered
this-------- day of-----------, AID.
ID, that and all 9TH
ers concerned, appear in said Court
on----------, the------day of
---------, A. D. H., at---
o'clock M, to show cause why such
application should not be granted. Let
notice hereof be published In the
'Washington Law Reporter" and
...-..--onco n oaeh o3 three success
Evening star., 1938-09-18

You are hereby notified that the
issues heretofore framed in this case
relating to the validity of the paper
writing, dated the----day of--,
l9---, and the day Of
10, purporting to be the last will
and testament and codicil of-
Evening star., 1938-09-18
Defendant -
Estate. guardianship of
The President of the United States

Deceased. Minor
No
Evening star., 1938-09-18
RULE 9.
Subpoena to Answer.

Upon the filing Of petition or bill
upon which summons or process is
required, If such summons or process
is not otherwise provided for in these
rules or by order Of court. the Regis
ter of Wills, upon the written order
OF the petitioner or his attorney, shall
issue the process of subpoena thereon,
which shall contain the names of the
parties and be returnable by the mar
shall. or by any person specially ap-
pointed to serve it. into the Office of
the Register of Wills, clerk of the
Probate Court. twenty 600 days from
the issuing thereof. If served, the
writ shall be returned to the Office of
the Register of Wills forthwith. At
the bottom OF the subpoena shall be
placed memorandum, as in the form
following. Every such subpoena shall
be accompanied by copy of the petit
ton or bill and shall be in the follow.
ing or equivalent form:
DISTRICT COURT OF THE UNITED
STATES FOR THE DISTRICT
OF COLUMBIA.
Holding a Probate Court.
-----------------
Plaintiff.
VS..
----.--
Defendant -.
Estate, guardianship of
Deceased. Minor,
No.----
The President of the United States
Defendant
You are hereby commanded to ap-
pear in the District Court of the
United States for the District of
Columbia. holding Probate Court,
ten days after service of this subpoena,
and answer the exigency Of the
Witness, the Honorable able-
--------, Chief Justice Of said
court, THIS day of--
---------------,A AID, 19--
Attest:
ReRister Of Wills for the District Of Column.
ola Clerk OF the Probate Court.
Attorney.
Evening star., 1938-09-18
RULE 18.
Dispositions.

CObE 10.
Dispositions.
Subject to the provisions Of Rule 1,
paragraph of the Rules of Civil Pro-
cedure of this Court
l. All petitions and motions to take
dispositions shall specify the names
and addresses Of the witnesses whose
testimony Is desired.
2. The Court may order a commits
sion or letters rogatory to issue as pro-
vided in Rule % of the Federal Rules
of Civil Procedure.
3. The form Of the commission, and
the return thereof, shall be as pro-
vided by the Rules of Civil Procedure
of this Court.
RULE 10.
Petition for Probate and Admin.
istrati0n.
l. Contents.-A petition for probate
Of will and for letters testamentary
or of administration c. t. a. or for
administration of an estate, shall be
In typewriting, verified by oath or
animation Of the petitioner, setting
forth the residence and citizenship of
the petitioner, by what right he makes
application, the death and date there
Of of the person on whose estate the
letters are desired, his last domicile,
the estimated value Of the real and
personal estate, the character thereof
and where situated, the debts due by
the decedent as far as can be ascer-
tanned, whether the decedent died tes-
tate or intestate, whether the testator
in his last will and testament requests
that the executor be not required to
give bond, the names and addresses of
the heirs at law and next of kin, their
relationship to the deceased, and
whether they are residents or nonresi-
dents, adults or infants, and, If in
fants, the dates of their birth, as
nearly as may be, and the name of
the custodian Of any who are under
sixteen years Of age. II it be desired
to give special undertaking to pay
debts, claims and damages in cases
Of intestacy, q debts, claims. dam.
agos and legaejes y cases of testacy,
Evening star., 1938-09-18

Attorney.
2. Time.-Such citation shall be
made returnable on a day therein
named, not less than ten days from
the day of issue. and shall be served
at least five (5) days before the return
day.
Evening star., 1938-09-18
RULE II.

Subpoena to Testify.
Every subpoena for the attendance
OF witnesses. or for the production of
documentary evidence, the service
thereof, and the penalty for failure to
comply Herewith, shall be as provided
in Rule As Of the Federal Rules of
Civil Procedure, and the form of said
subpoena shall be substantially as fol-
lows:
DISTRICT COURT OF THE UNITED
STATES FOR THE DISTRICT
OF COLUMBIA,
Holding Probate Court.
ESTATE, GUARDIANSHIP OF
Evening star., 1938-09-18
ReEister OF Wills for the District Of Co.
lumbia, Clerk Of the Probate Court.

5. Time-The service of such noti-
f1cation shall be made at least 10
days before the day fixed by the court
for the trial Of said issues, and the
return Of such service shall be made
forthwith and filed in the case.
6. Publication-If as to any parties
in interest such notification shall
be returned mot to be found" the
order Of publication shall be in the
following or equivalent form:
IN THE DISTRICT COURT OF THE
UNITED STATES FOR THE
DISTRICT OF COLUMBIA.
Holding Probate Court.
Estate Of
(deceased).
Administration Docket-
The notification as to the trial Of
the issues in this case relating to
the validity of the paper writing
dated the-
day of -------, l9-, and the
-------day Of -, H.,
purporting to be the last will and
testament and codicil l---
o1--------------- deceased,
having been returned as to--
mot to be found" it is this
day of----------, 19---, ordered
that the issues be set down for trial
on the of-----,
19----, and that this order and the
substance Of said issues, to wit,
NEUTRALITY-SUSPICIOUS., shall be published
once week for four weeks in the
washington Law Reporter" and
twice week for the same period
Justice.
Attest:
Register Of Wills for the District of
Columbia, Clerk Of the Probate Court.
Evening star., 1938-09-18

deceased, will be tried In this Court
on the 10, at
----- O'Clock am. Copy Of said issues
Is hereto appended.
Evening star., 1938-09-18

Register OF Wills for the District Of Co.
lumbia, Clerk Of the Probate Court.
Evening star., 1938-09-18

Deceased, Minor.
No.-
Administration, guardian.
The President of the United States to
------------------
You are hereby commanded to ap-
pear before
Division No. on the day Of
---. 19---, at 10 o'clock am.
(and bring with
and to testify as witness In the above
entitled cause, and not depart the
Court without leave.
Witness: The Honorable
-----------, Chief Justice of said
Court, this day Of
10
Register Of Wills for the District Of CO.
lumbia, Clerk Of the Probate Court.
Evening star., 1938-09-18
RULE 20.
Citation for Probate and
Administration.

NULL ~.
Citation for Probate and
Administration.
I. Issuance-After the filing of such
petition. and upon the written order
Of petitioner or his attorney. the Reg
lister of Wills shall issue a citation to
the heirs at law and next OF kin of the
deceased, or both (or to such Of them
as the petitioner or his counsel shall
have designated in said written order)
in the following or equivalent form
DISTRICT COURT OF THE UNITED
STATES FOR THE DISTRICT
OF COLUMBIA
Holding Probate Court.
Administration.
The President o. the United States
10 greeting:
If you have any cause to show why
the paper writing
dated the day Of
ID, and day Of
-----, ID, purporting to be
the last will and testament and codicil
---of of
-----, late Of the District Of COL
umbia, deceased, should not be ad-
mtted to probate and record, and why
letters ---~--------s should not
be granted to---th the
--t-- you will appear and make
such cause known before the District
Court Of the United States for the
District of Columbia, holding Probate
Court, in and for said District, on
the------day of-
--, AID. 10, o'clock IN.
Witness the Honorable
Chief Justice Of said
Court, this day of----------,
A. D. 19--.
Attest:
Register Of Wills for the District of Co.
lumbia. Clerk Of the Probate Court.
Attorney.
2. Time.-Such citation shall be
-
Evening star., 1938-09-18

for confessed.