The Code of West Virginia; Containing the Constitution and Naturalization of the United States - The Constitution of the State - The Code, as Amended Paperback - 2012

From the publisher

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 Excerpt: ...upon due and satisfactory proof that such authenticated copy was not a true copy of such will, or that the probate of such will lias been set aside by the court by which it was admitted to probate, or that such probate was improperly made. Proceedings upon offer of icill for probate. (Sec ch. 118 of this Code) Acts i8tti.cii.84. 20. The clerk of any county court during the recess of the regular 2Mv!v-.1s. sessions of said court, may admit wills to record upon the same isiw.vn. us. proof ancj w;ta jjjjg en-wt ils the said county court could do if in session; but no contest as to such probate or record shall be heard or determined by the clerk. The probate of every will so made by such clerk shall be reported by him to the next regular session of the county court, when, if no objection be made thereto, and none appear to the court, the court shall confirm the same; but if objection be made by any person interested, the county court shall hear and determine the same, and shall proceed in relation thereto in the same manner as if the application for the probate of such will had lieen made to said court. When the probate of such will is confirmed by the court, with or without contest, the same shall lie held and treated in all respects as if the will had been admitted to record by the county court in the first instance. Or a person desiring the probate of a will may file his. petition in the county court of the proper county therefor, and if the will is not in his possession or control, state in whose possession and control, to the best of his knowledge and lielief, the same is, and what persons, so far as he knows or believes, are interested iu the probate thereof. The court or clerk shall there upon award the proper process against the persons (if an...