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§ 7. When any will, testament or codicil shall be exhibited in the County Court for probate thereof as aforesaid, it shall be the duty of the court to receive the probate of the same without delay, and to grant letters testamentary thereon to the person or persons entitled, and to do all other needful acts to enable the parties concerned to make settlement of the estate at an early day as shall be consistent with the rights of the respective persons interested therein:

Provided, however, that if any person interested shall within one (1) year after the probate of any such will, testament or codicil in the County Court as aforesaid, appear and by his or her bill in chancery contest the validity of the same, an issue at law shall be made up whether the writing produced be the will of the testator or testatrix or not, which shall be tried by a jury in the Circuit Court of the county wherein such will, testament or codicil shall have been proven and recorded as aforesaid, according to the practice in courts of chancery in similar cases; but if no such person shall appear within the time aforesaid, the probate, subject to the provisos hereinafter set forth, shall be forever binding and conclusive on all parties concerned, saving to infants or non compos mentis, the like period after the renoval of their respective disabilities.

Provided further that if any person interested in any such will, testament or codicil, within the meaning of this Act, shall die within one year after the probate of such will, testament or codicil, then, and in such case, the right to contest such will, testament or codicil and the cause of action thereof shall survive and descend to the heir, legatee, devisee, executor, administrator, grantee or assignee of such deceased interested person.

And provided further, that in case any person interested in any will, testament or codicil shall begin a suit to contest any such will, testament or codicil, and shall die before the final determination of such suit or contest, the cause of action, suit or contest shall not on that account abate, but such suit, cause of action or contest shall survive and descend to the heir, legatee, devisee, executor, administrator, grantee or assignee of such deceased interested person; and the death of such interested person may be suggested on the record and such heir, legatee, devisee, executor, administrator, grantee or assignee of such deceased interested person, may be substituted as complainant, plaintiff, petitioner or as defendant in such suit, contest or action, and the cause of action, suit or contest proceed as though such substituted parties had been originally joined as complainants, plaintiffs, petitioners or defendants as the case may be. And in all such trials by jury as aforesaid the oath of the subscribing witnesses taken, reduced to writing and filed in court at the time of the first probate, properly certified to, shall be admitted as evidence and have such weight as the jury shall think it may deserve.

APPROVED June 28, 1919.

PROBATE, § 1. Adds sections 10a and 10b, Act § 10b. Previous recordations of 1872. declared valid.

§ 10a. Recording or probate
shall be notice.

(HOUSE BILL No. 544. APPROVED JUNE 28, 1919.)

AN ACT to amend an Act entitled: “An Act in regard to wills,” approved March 20, 1872, in force July 1, 1872, as amended, by adding there to two sections to be known as sections 10a and 10b. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: An Act entitled: “An Act in regard to wills,” approved March 20, 1872, in force July 1, 1872, as amended, is amended by adding thereto two sections to be known as Sections 10a and 10b to read as follows: § 10a. Whenever any will, testament or codicil which has been made, executed and published out of this State or authenticated copies thereof, or exemplifications from the records shall have been recorded or admitted to probate in any county of this State in which the testator may have been seized of lands or other real estate or in which his personal estate or a part thereof is situated, in accordance with the provisions of section 9 or 10 of this Act, such recording or such probate shall be notice from the date of such recording or such admitting to probate. § 10b. In all cases where wills, testaments, codicils, or authenticated copies thereof, or exemplifications from the records thereof, proven according to the laws of any of the United States, or the territories thereof, or of any foreign country, and touching or concerning estates within this State accompanied with a certificate of the proper officer or officers that said will, testament, codicil or copy thereof was duly executed and proven agreeably to the laws and usages of that state, territory or country in which the same was executed, shall have been filed for record before the taking effect of this Act; in the office of the recorder of deeds of the county in this State in which the testator shall have been seized of lands or other real estate, or in which his personal estate or a part thereof shall lie, such recordations shall be and the same are hereby declared to be legal and valid and all titles passed and acquired under the terms of such wills, testaments or codicils shall be and are hereby validated and given the same force and effect in law and in equity as if such wills, testaments and codicils had been recorded in accordance with the provisions of this Act, in the office of the county or probate clerk, as the case may be of the proper county. APPROVED June 28, 1919.

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PROBATE.

§ 1. Amends section 1 and adds sec- § 1a. Previous service \ttion 1a, Act of 1897. clared valid.

§ 1. Publication to be made
for three consecutive
weeks.

(SENATE BILL No. 274. APPROVED JUNE 16, 1919.)

AN ACT to amend an Act entitled, “An Act in relation to the probate of wills,” approved June 3, 1897, in force July 1, 1897, as amended, by amending section 1 thereof, and by adding a section to be known as section 1a. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: An Act entitled, “An Act in relation to the probate of wills,” approved June 3, 1897, in force July 1, 1897, as amended, is amended, by amending section 1 thereof, and by adding a section, to be known as section 1a, to read as follows: § 1. That before any will shall be admitted to probate the person desiring to have the same probated shall file a petition in the Probate Court of the proper county asking that said will be admitted to probate, which petition shall state the time and place of the death of the testator and the place of his residence at the time of his death, also the names of all the heirs-at-law, legatees and devisees with the place of residence of each, when known, and when unknown the pettion shall so state, and the said petition shall be verified by the affidavit of the petitioner. And thereupon the clerk of said County Court shall send by mail to each of said parties a copy of said petition, within five days after the filing thereof, and not less than twenty days pro to the hearing on said petition. And in case the post office address any of said parties is not shown by the said petition, then publication shall be made for at least three successive weeks before the day set for the hearing in a newspaper of general circulation published in the county where said will is to be offered for probate, which publication notice shall contain the name of the testator, the heirs-at-law, legates and devisees, when known, the time and place where said will is to offered for probate: Provided, that in case such a petition is not flo and a will has been deposited in said County Court for the spar. " 10 days, then it shall be the duty of the County Court to proceed to probate said will without petition being filed, but only after ho caused publication and notice of the intention to probate said will to be given to the parties in interest as to the court may seem proso And, provided, further, that if, on the presentation of such petition. all of the heirs and legatees of such testator shall personally apo. in court or, in case they are of legal age and under no disability, so file in writing their appearance and waiver of notice, then, such wo may be admitted to probate without notice. If any heir, legatee of devisee shall be a minor the petition shall set forth the fact of so minority and a guardian ad litem shall be appointed by the court" such minor. In event there are unknown heirs, devisees and legato and it shall appear after the probate of a will that any of said unkno" heirs, devisees and legatees was a minor at the time such will was "

mitted to probate, then the fact that no guardian ad litem for such minor was appointed shall not invalidate the probate of such will.

§ 1a. All probate of wills declared before the taking effect of this Act, in which service was had upon any of the parties by one publication at least three weeks before the day set for the hearing in a newspaper of general circulation, published in the county where the will was offered for probate, are legalized and declared valid to the same extent and purpose as if the publication had been for three successive weeks.

APPROVED June 16, 1919.

JOINT RESOLUTIONS.

ADJOURNMENT—JANUARY 15 to JANUARY 28. (Senate Joint Resolution No. 5.) Resolved, by the Senate, the House of Representatives concurring therein. That when the two Houses adjourn on Wednesday, January 15th, 1919, that they stand adjourned until Tuesday, January 28, 1919, at 10:00 o'clock a. m. Adopted by the Senate, January 15, 1919. - Concurred in by the House of Representatives, January 15, 1919.

ADJOURNMENT—JANUARY 30 TO FEBRUARY 4. (Senate Joint Resolution No. 8.) Resolved, by the Senate, the House of Representatives concurring therein, That when the two Houses adjourn on Thursday, January 30, 1919, that they stand adjourned until Tuesday, February 4, 1919, at ten o'clock a. m. Adopted by the Senate January 30, 1919. Concurred in by the House of Representatives, January 30, 1919.

AD.JOURNMENT—FEBRUARY 13 To FEBRUARY 18. (Sonate Joint Resolution No. 16.) Resolved, by the Senate, the House of Representatives concurring therein, That when the two Houses adjourn on Thursday, February 13, 1919, they stand adjourned until Tuesday, February 18, 1919, at ten o’clock a. m. Adopted by the Senate, February 13, 1919. Concurred in by the House of Representatives, February 13, 1919.

AD.JOURNMENT—FEBRUARY 20 TO FEBRUARY 26. (Senate Joint Resolution No. 19.) Resolved, by the Senate, the House of Representatives concurring therein, That when the two Houses adjourn on Thursday, February 20, 1919, they stand adjourned until Wednesday, February 26th, at 10 o'clock a. m. Adopted by the Senate, February 20th, 1919. Concurred in by the House of Representatives February 20th, 1919.

ADJOURNMENT—FEBRUARY 27 TO MARCH 4. (Senate Joint Resolution No. 20.) Resolved, by the Senate, the House of Representatives concurring therein, That when the two Houses adjourn on Thursday, February 27th, 1919, that they stand adjourned until Tuesday, March 4, 1919, at 10 o'clock a. m.

Adopted by the Senate February, 27th, 1919.
Concurred in by the House of Representatives February, 27th, 1919.

ADJOURNMENT—MARCH 6 TO MARCH 11. (Senate Joint Resolution No. 21.) Resolved, by the Senate, the House of Representatives concurring therein, That when the two Houses adjourn on Thursday March 6, 1919, that they stand adjourned until Tuesday, March 11, 1919, at 10 o'clock a. m. Adopted by the Senate March 6, 1919. Concurred in by the House of Representatives, March 6, 1919.

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