National Safe Deposit, Savings & Trust Co. v. Heiberger
Court of Appeals for the D.C. Circuit
Hearing on an appeal (specially allowed) by tbe caveatee from an order of tbe Supreme Oourt of tbe District of Columbia, bolding a special term for orphans’ court business, framing issues for trial by jury on a caveat to a will.
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Hearing on an appeal (specially allowed) by tbe caveatee from an order of tbe Supreme Oourt of tbe District of Columbia, bolding a special term for orphans’ court business, framing issues for trial by jury on a caveat to a will. The Court in its opinion stated the case as follows: An appeal has been granted in this case from an order of the Supreme Court of the District, holding a special term for orphans’ court business, framing the issues to be submitted to the jury on the trial of the caveat of Mary "W. Heiberger, filed in opposition to the probate of the will of John W. Nairn, deceased.…
1Opinion of the CourtJustice Suerard
The act of June 8, 1898, makes material changes in the former law relating to the probate of wills. Section é regulates the presentation of the will, notice to all persons affected, and the action to be taken in the event there be no opposition. Under certain conditions therein named, summary probate and. record may be made by consent of the heirs-at-law and next of kin; but the section embraces a requirement of the former law in the following proviso: “ That in no case shall any will or testament be admitted to probate and record save upon formal proof of its proper execution.” (See also D.…
2Cited by3 opinions
- Chauncie Caroline Curtis v. Millie B. CurtisCourt of Appeals for the D.C. Circuit · 1973
- Flocker v. Di GennaroCourt of Appeals for the D.C. Circuit · 1951
- Chauncie Caroline Curtis v. Millie B. CurtisCourt of Appeals for the D.C. Circuit · 1973