Mason Daniel Chatterton
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos)
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from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...686, Mandamus may compel action.--The judge Of probate should entertain a petition for the allowance of such a will, if there is any law authorizing him to do so." If he should decline to proceed upon a proper application he may be compelled by mandamus to act. 687. Allowance may be opposed.--The allowance of the Will may be opposed by any person interested in the estate, if the court in which the original probate was granted did not acquire jurisdiction, it cannot be said to have been "duly proved and allowed," and he may oppose the probate upon any ground he might have done upon its original allowance." Technical or unsubstantial objections should not be permitted to defeat such instruments." 688. Eflect of an a11owance.--If it appear to the court that the instrument ought to be allowed in this state, the copy should be filed and recorded, and it will have the same force and effect as if it had been originally proved and allowed in the same court.". 689. Judicial d.iscretion.--T11eI'6 is a judicial discretion vest/ed in the court as to whether the "instrument ought to be allowed in this state," or not; it has to determine whether the copy produced is duly authenticated,--whether the court in which it was allowed had jurisdiction to duly prove and allow it,--whether there was fraud in obtaining its original probate or not, whether there has been made a prima facie showing that there is personal or real estate in the county on which it may operate, or not; and whether the petitioner is interested, so as to confer jurisdiction upon the court to proceed." "Schober v. Judge of Probate, "C. L. '97, 9283; Dublin v. 49 Mich. 323. Chadbourn, 16 Mass. 433; Parker...
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