Art. 9 Payment of Debts of Incompetent Person. 8 254 of such hearing should not be had, and if no cause be shown, to attend the settlement of such account. All such citations must be returnable in court, and said court when not otherwise engaged shall always be open for proceedings under this article. Such citations may be issued on petition of such committee, or of one or more of his sureties, or of a creditor of such incompetent person, or other person interested in said estate; and when issued on a petition of a committee or his surety, it may be issued at any time after the appointment of such committee, in any other casé, after lapse of one year from the appointment of such committee, or upon his removal or resignation. A citation issued on petition of a creditor may be addressed to and served on the committee alone, but on or after the return of such citation, the committee may have a general citation issued to all parties interested. Formerly L. 1893, ch. 697, § 4. § 254. Service of citation. A citation to the persons interested must be served on all parties, other than the petitioner, who are interested in the fund, including sureties of the committee; but the court may, in its discretion, dispense with the service on such incompetent person, and, if the time limited by due advertisement for presentation of claims has expired before the issue of citation, creditors who have not duly presented their claims need not be served. The court may, by order, direct such citation to be served on creditors who have presented claims accompanied by post-office address, as provided in section two hundred and fifty, by depositing a copy of the same at least twenty days prior to the return day thereof in the post-office at the place where such committee resides, duly inclosed and directed to each of such creditors at the post-office address specified by him as provided in section two hundred and fifty, with the postage prepaid, and publishing such citation once in each week for at least four weeks prior to such return day in one or more newspapers to be designated by the court as most likely to give notice to such creditors. A citation personally served within the county where such incompetent person resided at the time of his becoming incompetent, or an adjoining county, must be served at least eight days before the return thereof; if in any other county, at least fifteen days before the return thereof. The court may direct service to be made by publication, when it is satisfied by affidavit or verified petition, either that the person to be served is unknown or that his residence can not, after diligent inquiry, be ascertained, or that he can not, after due diligence, be found within the state. The order for such service must direct service of the citation upon such person to be made by publication thereof in one newspaper to be designated by the court as most likely to give notice to the person to be served, and also, if it appear that any such person 8$ 255, 280, 281 Laws Repealed; When to Take Effect. Arts. 9, 10 resides without the state, then in such other paper as the court may deem most likely to give notice to the person to be served, for such length of time as it may deem reasonable, not less than once a week for six weeks, and that a copy of the citation be forthwith deposited in the post-office duly inclosed and directed to each person so served at his last known place of residence or post-office address, and the postage paid thereon, at least thirty days before the return day thereof. When publication has been ordered, personal service without the state made, if within the United States, at least thirty days, or without the United States, at least forty days before the return day, is equivalent to publication and mailing. Personal service on minors and incompetent persons shall be made as prescribed by law for service of citations issued by surrogates for final accounting, and personal service on one or two or more creditors, claiming as co-partners or otherwise as joint creditors shall be equivalent to personal service on all, and voluntary appearance either in person or by attorney shall be equivalent to personal service, and such appearance may be made by any one claiming an interest, though not served, and such person shall thereupon become a party to the proceeding. Formerly L. 1893, ch. 697, § 5. § 255. Proceedings on return of citation. Upon the return of such citation properly served, such court shall have the powers in relation to such estates, claims, property and committee, which devolve on courts, by virtue of section twenty-one, in relation to assignments and assignees for benefit of creditors and such assigned estates. Formerly L. 1893, ch. 697, § 6. ARTICLE 10 Laws Repealed; When to Take Effect Section 280. Laws repealed. 281. When to take effect. § 280. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. [New.] § 281. When to take effect. This chapter shall take effect immediately. SCHEDULE OF LAWS REPEALED. Revised Statutes.... Part 2, chapter 5, title 1, article 3..... All Revised Statutes.... Part 2, chapter 5, title 1, article 4.....All Revised Statutes. ... Part 2, chapter 5, title 1, article 5..... All Revised Statutes. ... Part 2, chapter 5, title 1, article 6. . . . . All Revised Statutes.... Part 2, chapter 5, title 1, article 7.....All Revised Statutes. ... Part 2, chapter 5, title 1, article 8. . . . . All DECEDENT ESTATE LAW L. 1909, Ch. 18. "An Act relating to estates of deceased persons constituting chapter thirteen of the Consolidated Laws." (In effect February 17, 1909.) CHAPTER 13 OF THE CONSOLIDATED LAWS This is a consolidation of general statutes the former location of which is noted under each section.] Article 1. Short title and definitions (§§ 1, 2). 2. Wills (§§ 10-47). 3. Descent and distribution (§§ 80-103). 4. Executors, administrators and testamentary trustees (§§ 110-120). 5. Laws repealed; when to take effect (§§ 130, 131). ARTICLE 1 Short Title and Definitions Section 1. Short title. 2. Definitions. § 1. Short title. This chapter shall be known as the "Decedent Estate Law." [New.] § 2. Definitions. The term "will," as used in this chapter, shall include all codicils, as well as wills. Formerly R. S., pt. 2, ch. 6, tit. 1, art. 3, § 71. ARTICLE 2 Wills Section 10. Who may devise. 11. What real property may be devised. 15. Who may make wills of personal estate. 16. Unwritten wills of personal property, when allowed. 17. Devise or bequest to certain societies, associations and corporations. 18. Devise or bequest to certain corporations. A |