SEC. 2. Every court of probate shall, before proceeding, give notice to all parties, known to be interested, in the following cases: 1. In the granting of letters of administration.

2. In the approving or disapproving of any last will and testa

ment.

3. In the appointment of guardians of all persons.

4. In any complaint for the removal of any executor, administrator, or guardian.

5. In the acceptance of the resignation of any executor, administrator, or guardian.

6. In the making of any decree upon any executor's, administrator's, or guardian's account.

7. In the making of any order upon the report of commissioners, on any estate represented insolvent.

8. In the making of any order of distribution among the next of kin of any deceased person.

9. In the granting of any petition of an executor, administrator, or guardian, for the sale of any real estate of the testator, intestate, or ward.

10. In the cancelling of the bond of any executor, administrator, or guardian.

SEC. 3. In all other cases in which notice is not, or shall not be, by law required to be given to parties known to be interested, such court shall, previous to proceeding, give such notice in their discretion only.

SEC. 4. In all cases not specially provided for, in which notice is required, it may be given in either of the following modes, at the discretion of the court:

1. By causing a citation to be served by some sheriff, deputy sheriff, town sergeant, or constable, upon all known parties interested, at least seven days previous to proceeding; which citation shall give notice of the subject matter of the proceeding, and of the time and place thereof, and shall be served by reading the same to the parties, if to be found, or by leaving an attested copy thereof at the last and usual place of abode of each of them.

2. By advertisement of such notice for fourteen days, once a week at least, in some newspaper printed in the state.

3. By causing the clerk of the court to post up such notice in some conspicuous place in his office, or in the place at which the court usually meets, and in three other public places within the town, at least fourteen days before proceeding.

SEC. 5. If it shall appear to the court, before proceeding, that notice has been given to all known parties interested, by the clerk, upon application to him made, in one of the above modes, and that mode be satisfactory to the court, it shall be sufficient to warrant proceeding.

SEC. 6. If all parties interested in the order or decree shall have given their assent, in writing, to the court's proceeding, at a time and place named in the writing, to determine in the premises, it shall be sufficient to warrant proceeding.

SEC. 7. Whenever application shall be made for the appointment of a guardian of any inmate of any asylum for the insane, whether such asylum be situated within or without this state, the court of probate to which such application shall be made shall order personal notice to be served upon such person in such insane asylum, which notice, if to be served within this state, shall be served by any officer

now authorized by law to make service of the same; but if such notice is to be served without this state, the same may be served by any disinterested person, who shall return thereon upon oath that he has made service thereof: Provided, however, that before any such officer or disinterested person shall make service of any such notice, they shall apply to the physician in charge of the asylum where the person upon whom the notice to be served is confined; and if said physician shall return upon oath on the back of such notice, that in his opinion it will be injurious to the mental health of such person to have said notice served upon such person, the officer or person charged with the service of said notice shall leave a copy thereof, with the physician's return thereon, with the keeper of the said insane asylum, and shall return the said notice to the court which issued the same, without further service; and upon such return being made, the court before which such application shall be pending shall cause further notice of the pendency of such application to be given, by publishing the same in some newspaper published in the county where such application shall be pending, for at least three weeks, and then the said court may proceed, having first appointed a guardian ad litem for such insane person, to act upon such application, with the same effect in all respects as if personal notice had been served upon the inmate of such insane asylum in the first instance.

SEC. 8. Whenever complaint shall be made by any person interested, or who has been injured or exposed to injury, or by the surety, in any executor's, administrator's, or guardian's bond, for the removal of such executor, administrator, or guardian, a citation shall issue to such executor, administrator, or guardian, embodying the substance of the complaint against him, or a copy thereof annexed to such citation, and the citation shall be in the form, and shall be served as provided, in the first clause of the fourth section of this chapter.

SEC. 9. The notice given before settling the account of any executor, administrator, or guardian, which contains a credit of the proceeds of any sale of any land which belonged to the testator, intestate, or ward, or of any wood, timber, stone, peat, or coal, from or on such land, shall state that the account to be settled contains such credit.

of notice on petition to re

move executor, &c.

Of notice of account of exit' sale of real estate, &c.

with credit of

SECTION 1. Any person aggrieved by any order, determination, or decree of any court of probate, may, unless provision be made to the contrary, appeal therefrom to the supreme court, at the term thereof to be holden in the same county next after the rendition of said order,

Appeal, by whom and to

what court taken.

Within what time to be

claimed, and

determination, or decree, if said term do not commence within sixty days of said time, and if it do so commence, then at said term, or at the next succeeding term, of the said court in the same county.

SEC. 2. Such appeal must be claimed by the aggrieved party within forty days next after such order, decree, or determination shall of appeal bond. have been made; and bond shall then be given to such court of probate, with surety satisfactory to such court, or to the clerk thereof, if such court shall not then be in session, to prosecute such appeal with effect, or in default thereof to pay all intervening costs and damages, and such costs as the supreme court shall tax against the appellant. SEC. 3. The person so appealing shall, within ten days after giving appeal, service bond as provided in the preceding section, file his reasons of appeal in the office of the clerk of the court appealed to; and shall cause the adverse party to be served with a copy thereof, and to be cited, at least ten days before the sitting of the court appealed to, that such party may prepare to answer the same.

Of reasons of
of, and of cita-
tion.

Appeals, when to be tried.

Of complaint for confirmation of order, upon neglect to prosecute appeal.

Effect of appeal upon decree

below.

SEC. 4. Appeals shall be proceeded upon at the term of the supreme court at which they shall be entered. If a matter of fact be in controversy, the same shall be tried by a jury, if either party request it.

SEC. 5. If the party appealing give bond as aforesaid, but shall neglect to prosecute said appeal in manner aforesaid, the supreme court, upon the complaint of any person interested in the order, determination, and decree appealed from, may affirm the same, and pass such further decree or order as may be necessary to carry the same into full effect.

SEC. 6. In case any order, decree, or determination of any court of probate shall be appealed from, the operation of such order or decree shall be suspended, until the same shall be affirmed by the supreme court: Provided, that if the decree shall be for granting letters testamentary, of administration, or guardianship, the executor, administrator, or guardian, on giving bond according to law, shall have power to collect, receive, and take possession of all the rights, credits, and estates of the testator, intestate, or ward, which by law he could have collected, received, or taken possession of, provided no appeal had been made; and to take proper care of the ward and his family during the pendency of such appeal.

TITLE XXIV.

OF THE ESTATES OF DECEASED PERSONS.

CHAPTER 171. Of wills.

CHAPTER 172. Of the probate of wills.

CHAPTER 173. Of the administration of testate and intestate estates.

CHAPTER 174. Of the inventory and assets of estates of deceased persons.
CHAPTER 175. Of insolvent estates of deceased persons.

CHAPTER 176. Of descent, distribution, division, and advancement.

CHAPTER 177. Of estates of persons dying without known heirs, and of

unclaimed shares of, and debts against, estates of de-
ceased persons and wards.

CHAPTER 178. Of debts and charges against the estates of deceased per-
sons, and of legacies, and of actions for the recovery of
the same.

CHAPTER 179. Of the settlement of accounts of executors and adminis

trators.

CHAPTER 180. Of the bonds of executors and administrators, and of suits thereon.

SECTION 1. Every person of the age of twenty-one years and upwards, and of sane mind, and being lawfully seized of any lands, tenements, or hereditaments, in his own right in fee-simple, fee-tail, or for the life of any other person, or for any other term of time than his own life, shall have a right to give, devise, and dispose of the same, by last will or testament, in writing, to and among his children or others, as he shall think fit; and he may also devise any lands, tenements, or hereditaments, acquired subsequently to the execution of his will, provided his intention to devise the same appears by the express terms of his will.

SEC. 2. No person seized in fee-simple shall have a right to devise of estates tail any estate in fee-tail for a longer time than to the children of the by devise. first devisee; and a devise for life to any person and to the children or issue generally of such devisee, in fee-simple, shall not vest a fee-tail estate in the first devisee, but an estate for life only, and the remainder shall, on his decease, vest in his children or issue generally, agreeably to the direction of such will.

tesy saved.

SEC. 3. The will of a married woman shall not impair the rights Husband's curof her husband, upon her death, as tenant by the curtesy. SEC. 4. All devises of any lands, tenements, or hereditaments shall be in writing, and signed by the party devising the same, or by some person in his presence and by his express direction; and shall

Legal requisites of a devise.

Effect of devise

of limitation.

be attested and subscribed in the presence of the devisor by two or more witnesses, or else shall be utterly void and of no effect.

SEC. 5. Whenever any real estate shall be devised to any person without words without words of limitation, such devise shall be construed to pass the fee-simple or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a contrary intention shall appear by the will.

Devise, how may be re

voked.

Wills of per

whom,

SEC. 6. No devise in writing of any lands, tenements, or hereditaments, or any clause thereof, shall be revocable otherwise than by a marriage of the testator subsequent to the date thereof, or by some other will or codicil in writing, or other writing revoking the same, or by burning, cancelling, tearing, or obliterating the same, by the testator himself, or in his presence and by his direction and consent; but all devises of lands and tenements shall remain and continue in full force until the same be burned, cancelled, torn, or obliterated by the testator, or by his direction, in manner aforesaid; or unless the same be altered by some other will, codicil, or writing, signed, attested, and subscribed in the manner provided for making the will.

SEC. 7. Every person being upwards of eighteen years of age, and sonal estate, by of sane mind, shall have a right to give and dispose of all his goods, chattels, and other personal estate of every kind, by last will and testament in writing, in the same manner as he is authorized by this chapter, if of twenty-one years of age and upwards, to dispose of real estate.

and how, may be made.

Wills effectual, when.

Wills of soldiers and sailors.

Provision in lieu of dower,

when to be rejected.

Right of child born after exe

cution of will of parent.

Estate undisposed of, deemed intestate.

Rights of lineal descendant of devisee, &c., dying before testator.

SEC. 8. No will or testament of any goods or chattels, or other personal estate, shall be valid and effectual to convey the same, unless such will or testament shall be in writing, and signed and executed in the manner prescribed in this chapter for the execution of wills of real estate; nor shall any will of goods, chattels, or other personal estate of any kind be revocable, in any other manner than is herein before prescribed for the revocation of wills or testaments of real estate.

SEC. 9. A will of real or personal estate, made and executed in conformity with the law existing at the time of the execution thereof, shall be effectual to pass such estate.

SEC. 10. Any soldier in actual military service, or any mariner or seaman being at sea, may dispose of his personal estate by will, as he might heretofore have done.

SEC. 11. The widow of any testator, in whose will provision is made for said widow in lieu of her dower, shall, in case of her nonacceptance of such provision, signify the same in writing to the court of probate, within one year from the probate of the will.

SEC. 12. Whenever any child shall be born after the execution of his father's or mother's will, without having any provision made for him in such will, he shall have a right and interest in the estate of his father or mother, in like manner as if the father or mother had died intestate, and the same shall be assigned to him accordingly.

SEC. 13. All estate, real and personal, not devised or bequeathed in the last will and testament of any person, shall be distributed in the same manner as if such person died intestate.

SEC. 14. Whenever any child, grandchild, or other person having a devise or bequest of real or personal estate, shall die before the testator, leaving a lineal descendant, such descendant shall take the estate, real or personal, as devisee or legatee, in the same way and manner as such devisee would have done in case he had survived the testator.