Same. How jury obtained and trial had. Verdict of the jury. execution of the will from duress, menace, fraud, or undue influence; 3. The due execution and attestation of the will by the decedent or subscribing witnesses; or, 4. Any other questions substantially affecting the validity of the will; -Must, on request of either party in writing (filed three days prior to the day set for the hearing), be tried by a jury. If no jury is demanded, the Court must try and determine the issues joined. On the trial, the contestant is plaintiff, and the petitioner is defendant. 1313. (§ 20.) When a jury is demanded, the Probate Court must summons and impanel a jury to try the case, in the manner provided for summoning and impaneling trial juries in Courts of record, and the trial must be conducted in accordance with the provisions of Part II, Title VIII, Chapter IV of this Code. A trial by the Court must be conducted as provided in Part II, Title VIII, Chapter V of this Code. 1314. (§§ 20, 23.) The jury, after hearing the case, must return a special verdict upon the issues submitJudgment. ted to them by the Court, upon which the judgment of the Court must be rendered, either admitting the will to probate or rejecting it. In either case, the proofs of the subscribing witnesses must be reduced to writing. If the will is admitted to probate, the judgment, will, and proofs must be recorded. Appeal. Witnesses, who and how many to be 1315. (§§ 21, 22.) If the will is contested, all the subscribing witnesses who are present in the county, examined. and who are of sound mind, must be produced and examined; and the death, absence, or insanity of any of them must be satisfactorily shown to the Court. If none of the subscribing witnesses reside in the county at the time appointed for proving the will, the Court may admit the testimony of other witnesses to prove the sanity of the testator and the execution of the will; and, as evidence of the execution, it may admit Proof of proof of the handwriting of the testator and of the writing. subscribing witnesses, or any of them. hand reduced for future 1316. (§ 23.) The testimony of each witness, re- Testimony duced to writing and signed by him, shall be good to writing evidence in any subsequent contests concerning the evidence. validity of the will, or the sufficiency of the proof thereof, if the witness be dead, or has permanently removed from this State. certificate to be attached. 1317. (§ 24.) If the Court is satisfied, upon the If proved, proof taken or from the facts found by the jury, that the will was duly executed, and that the testator at the time of its execution was of sound and disposing mind, and not acting under duress, menace, fraud, or undue influence, a certificate of the proof and the facts found, signed by the Probate Judge and attested by the seal of the Court, must be attached to the will. 1318. (§ 25.) The will and a certificate of the proof thereof, together with all the testimony taken, must be filed by the Clerk, and recorded by him in a book to be provided for the purpose. Will and proof to be filed and recorded. in ARTICLE III. PROBATE OF FOREIGN WILLS. SECTION 1322. Wills proved in other States to be recorded, when and where. 1323. Proceedings on the production of a foreign will. Wills in other 1322. (§ 27.) Every will duly proved and allowed proved any other of the United States, or in any foreign country or State, may be allowed and recorded in the States to be when and recorded, where. Proceedings on the will. Probate Court of any county in which the testator shall have left any estate. 1323. (§ 28.) When a copy of the will and the production probate thereof, duly authenticated, shall be produced by the executor, or by any other person interested in the will, with a petition for letters, the same must be filed, and the Court or Judge must appoint a time for the hearing; notice whereof must be given as hereinbefore provided for an original petition for the probate of a will. Hearing proofs of foreign will. 1324. (§ 29.) If, on the hearing, it appears upon probato of the face of the record that the will has been proved, allowed, and admitted to probate in any other of the United States, or in any foreign country, and that it was executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, or in conformity with the laws of this State, it must be admitted to probate, and have the same force and effect as a will first admitted to probate in this State, and letters testamentary or of administration issued thereon. The probato may be contested within one year. ARTICLE IV. CONTESTING WILL AFTER PROBATE. SECTION 1327. The probate may be contested within one year. 1329. The hearing had on proof of service. 1330. Petitions to revoke probate of will tried by jury or Court. Judgment, what. 1331. On revocation of probate, powers of executor, etc., cease, but not liable for acts in good faith. 1332. Costs and expenses, by whom paid. 1333. Probate, when conclusive. One year after removal of disability given to infants and others. 1327. (§ 30.) When a will has been admitted to probate, any person interested may, at any time within one year after such probate, contest the same or the validity of the will. For that purpose he must file in the Court in which the will was proved a petition in writing, containing his allegations against the validity of the will or against the sufficiency of the proof, and praying that the probate may be revoked. 1328. (§ 31.) Upon the filing of the petition, a citation must be issued to the executors of the will, or to the administrators with the will annexed, and to all the legatees mentioned in the will residing in the State, or to their guardians, if any of them are minors, or their personal representatives, if any of them are dead, requiring them to appear before the Court on some day of a regular term therein specified, to show cause why the probate of the will should not be revoked. Citation to be issued to parties interested. hearing proof of service. 1329. (§ 32.) At the time appointed for showing The cause, or at any time to which the hearing is post- had on poned, personal service of the citations having been made upon any persons named therein, the Court must proceed to try the issues of fact joined in the same manner as in an original contest of a will. Petitions probate of to revoke will tried by jury or Court. 1330. (§ 33.) In all cases of petitions to revoke the probate of a will, wherein the original probate was granted without a contest, on written demand of either party, filed three days prior to the hearing, a trial by jury must be had, as in cases of the contest of an original petition to admit a will to probate. If, upon hearing the proofs of the parties, the jury shall find, Judgment, or, if no jury is had, the Court shall decide, that the will is for any reason invalid, or that it is not sufficiently proved to be the last will of the testator, the probate must be annulled and revoked. 1331. (§ 34.) Upon the revocation being made, the powers of the executor or administrator with the will annexed, must cease; but such executor or admin what. On rovocation of probato, powers of executor, but not etc., cease, liable for acts in good faith. Costs and expenses, by whom paid. Probate, when istrator shall not be liable for any act done in good faith previous to the revocation. 1332. (§ 35.) The fees and expenses must be paid by the party contesting the validity or probate of the will, if the will in probate is confirmed. If the probate is revoked, the costs must be paid by the party who resisted the revocation, or out of the property of the decedent, as the Court directs. 1333. (§ 36.) If no person, within one year after conclusive. the probate of a will, contests the same, or the validity thereof, the probate of the will is conclusive; saving removal of to infants, married women, and persons of unsound One year after disability given to infants and mind, a like period of one year after their respective disabilities are removed. others. Proof of lost or destroyed will to be taken. Must have been in existence at time of death. ARTICLE V. PROBATE OF LOST OR DESTROYED WILL. SECTION 1338. Proof of lost or destroyed will to be taken. 1338. (§ 37.) Whenever any will is lost or destroyed, the Probate Court must take proof of the execution and validity thereof, and establish the same, notice to all persons interested being first given, as prescribed in regard to proofs of wills in other cases. All the testimony given must be reduced to writing, and signed by the witnesses. 1339. (§ 38.) No will shall be proved as a lost or destroyed will, unless the same is proved to have been in existence at the time of the death of the testator, or is shown to have been fraudulently destroyed in the lifetime of the testator, nor unless its provisions |