Gambar halaman
PDF
ePub

may be private or

or trustees, where the same is or has been given or de- Sale of real estate vised to them by any last will to be sold, or (such public. sales) made in pursuance of an authority given by any last will, unless otherwise directed in such will, may be public or private, and on such terms as in the opinion of the executor or trustee shall be most advantageous to those interested therein.

Deeds-letters tes

be recorded.

SEC. 2. Where any real estate within this State, or any interest therein, is or has been given or devised by any last will legally executed, to any executor or When will may be executors, trustee or trustees therein named, to be sold recorded in office by them or any of them, or where authority is or has of Register of been given by any last will to any executor or execu- mentary may also tors, trustee or trustees, to sell any real estate within this State, or any interest therein, and such will shall have been duly proved and allowed in any state, territory or district of the United States, according to the laws of such state, territory or district, a copy of such will and probate thereof authenticated under the seal of the court in which the same shall have been proved, may be recorded in the office of the register of deeds of any county within this State in which there shall be any real estate on which such will may operate. And if letters testamentary shall have been issued upon such probate, and the executor or executors named in the will shall have qualified and taken upon themselves the execution thereof, a copy of such letters similarly authenticated, with a certificate of the officer authenticating the same, that such executors have duly qualified and taken upon themselves the execution of the will, may also be recorded with the copy of such will and the probate thereof.

used as evidence.

SEC. 3. The copy of any such will and the probate thereof and letters testamentary, authenticated as pro- when copy of will vided in the preceding section, and the certificate in and letter may be said section mentioned, the record of such copy and certificate, or a copy of such record attested by the register of deeds of the county where the same shall have been recorded, may be used in evidence in all the courts of this State without further proof, and shall have the like force and effect as evidence as would the original record thereof if such probate had been made and letters issued in and by the probate court of any

[ocr errors]

Time for publication of fact of re

cord-what to contain.

county within this State, and pursuant to the laws thereof.

SEC. 4. The executors or trustees named in such Will, shall upon the recording of such copy, will, probate and letters, and such certificate, and before any other of the acts hereinafter authorized, publish in a newspaper printed in the county in which the said copy, will, probate and letters, and the said certificate shall have been recorded, if there be one, and if there shall be no newspaper in such county, then in a newspaper printed in the city of St. Paul, at least once in each week for four successive weeks, notice of the fact of such record, and that they will proceed to the execution of such will within this State, unless objections shall be filed in the probate court of such county, at or before a day and hour to be named in such notice, which shall not be less than thirty days from the first publication thereof.

SEC. 5. If no such objections shall be filed at or within the time prescribed in such notice, the said judge of probate shall give to such executors or trusNo objection filed, tees a certificate of the fact, and such executors or executors may pro-trustees upon procuring such certificate, together with

ceed to

will.

Duty of Judge of Probate in case obexecutors to give

jections are filed

bond for faithful performance of duty.

proof of the publication of the notice as prescribed in the preceding section, which may be by the affidavit of the printer or his foreman, showing the same, to be recorded in the office of the register of deeds of the county, may proceed to the execution of the said will, and shall have the same authority and power with reference to any real or personal property belonging to the estate of the testator within this State, as if the will had been duly admitted to probate, and letters testamentary had been duly issued thereon to them, in and by the probate court of any county in this State.

SEC. 6. But if objections shall be filed within the time above prescribed by any person interested in the estate of the testator, then the judge of probate of such county at the expiration of such time-the day and hour named in such notice-or at such other time as he may then appoint, shall hear such proofs as may be offered touching any such objections. And if upon such hearing it shall appear to said judge that such executor or executors are bound by sufficient surety or

sureties in the state, territory or district in which they were appointed, to the faithful and proper discharge of all their duties and obligations as such executor or executors, and if a copy of their bond or other security given, duly authenticated, shall be filed in such pro- Bond to be filed bate court, the said judge of probate shall give to with Judge of such executor or executors a certificate that satisfactory Probate. evidence of such security has been produced to such probate court, and that a copy of such bond or other security duly authenticated has been so filed, and upon recording such certificate with the proof of notice mentioned in the preceding section in the office of the register of deeds aforesaid, the said executor or executors, trustee or trustees may proceed to the execution of such will in the same manner and to the same extent as if no objections had been filed.

Proceedings in

rity is not filed.

SEC. 7. But if an authenticated copy of such bond or other security shall not be filed as mentioned in the preceding section, or if it shall not at such hearing be made to appear to the judge of probate that such executor or executors are so bound as mentioned in said case bond or seausection, then such executor or executors before proceeding to the execution of such will, shall give bond to the judge of probate with sufficient surety or sureties to be approved by such judge, to taithfully apply the personal property (if any) belonging to the estate of the testator within this State, or the proceeds thereof, and the proceeds of such real estate within this State as they are by the will authorized to sell, to the payment of debts or legacies of the testator and the charges of administration according to the laws of the state, territory or district in which they were appointed, and to faithfully and honestly discharge their duties in all respects, as such executors, according to the best of their ability. And when such bond shall have been approved and filed by such judge of probate, he shall give to such executor or executors a certificate of the fact, and upon recording such certificate with the proof of notice mentioned in section five of this act, in the office of the register of deeds of said county, the said executor or executors, trustee or trustees may proceed to the execution of such will in the same manner as if no objection had been filed.

Kay be read in ev

SEC. 8. The original proof of notice, and the sevidence in all courts eral certificates of the judge of probate, provided for

of this State.

in the fifth, sixth and seventh sections of this act, as also the affidavit provided for in the ninth section, the record thereof, or a copy of such record attested by the register of deeds in whose office the same shall be recorded, may be read in evidence in all the courts of this State without further proof.

Notice to be served

bate.

SEC. 9. The notice prescribed in the fourth section of this act, shall be served upon the judge of probate on Judge of Pro- of the county, by leaving a copy thereof at the office of such probate judge, or delivering to the said judge personally, a copy thereof at least ten days prior to the expiration of the time therein mentioned for the filing of objections; and an affidavit of such service made by the person serving the same, may be recorded in the office of the register of deeds in the same manner as the proof of the publication thereof.

SEC. 10. Such executor or executors, trustee or trustees, before selling any real estate by virtue of an authority contained in such will, in any county other than the county in which such copy of the will and other papers shall be first recorded, shall procure the same or similar copies and papers to be recorded in the any other county. Office of the register or deeds of such other county;

Duty of executors when authorized to sell property in

and when so recorded the record thereof, or a copy of such record attested by the register of deeds, may be read in evidence in the courts of this State, without further proof.

SEC. 11. Nothing in this act contained, shall be construed to prevent the probate of any will of the character in this act mentioned, in the manner heretofore provided by law for such probate, at any time berefuse to comply fore the commencement of proceedings under this act,

When executors

how to proceed.

nor after such commencement in any case where the executor or executors, trustee or trustees shall fail or refuse to comply with the provisions contained in the fourth, seventh and ninth sections of this act, relative to their duties in the premises.

SEC. 12. This act shall take effect and be in force from and after its passage.

Approved February 25, 1865.

CHAPTER XVII.

An Act making certain public records, transcripts and certificates thereof evidence.

CHAPTER XVIII.

SECTION 1. All papers, records and documents on file in any department of the State Govern-
ment, etc., may be read in evidence in any of the courts of this State.
2. When act to take effect.

Be it enacted by the Legislature of the State of Minnesota :

SECTION 1. That copies of all papers, records and documents on file, kept or preserved in any department of the State government, or in any public office of the State, or of any county, city or town, when certified by the officer having the custody of any such papers, idence in the records or documents, to be true copies thereof, shall be read and received as evidence in any of the courts of this State.

What documents may be read as ev

courts of this State

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved March 3, 1865.

izeTION 1. Transcript of conveyances may be recorded in any other county.

2. When act to take effect.

March 8, 1805.

An Act to amend section twenty-three of chapter thirty- March 9, 1865. five of the Compiled Statutes.

Be it enacted by the Legislature of the State of Minnesota :

SECTION 1. That section twenty-three, of chapter

« SebelumnyaLanjutkan »