The act or process of proving a will. Tbe proof before an ordinary, surrogate, register, or other duly authorized person that a document produced before him for official recognition and registration, and alleged to be the last will and testament of a certain deceased person, is such in reality. The
More... The act or process of proving a will. Tbe proof before an ordinary, surrogate, register, or other duly authorized person that a document produced before him for official recognition and registration, and alleged to be the last will and testament of a certain deceased person, is such in reality. The copy of the will, made out In parchment or due form, under the seal of the ordinary or court of probate, and usually delivered to the executor or administrator of the deceased, together with a certificate of the will's having been proved, is also commonly called the "probate." In the canon law, "probate" consisted of probatio, the proof of the will by the executor, and approbatio, the approbation given by the ecclesiastical judge to the proof. 4 Reeve, Eng. Law, 77. And see In re Spiegelhalter'a WiU, 1 Pennewill (Del.) 5, 39 Ati. 465; Mc-Cay v. Clayton, 119 Pa. 133, 12 Atl. 860; Pettit v. Black, 13 Neb. 142, 12 N. W. 841; Reno v. McCully, 65 Iowa, 629, 22 N. W. 902; Appeal of Dawley, 16 R. I. 694, 19 Atl. 248. -Common and solemn form of probate. In English law, there are two kinds of probate, namely, probate in common form, and probate in solemn form. Probate in common form is granted in the registry, without any formal procedure in court, upon an e* parte application made by the executor. Probate in solemn form is in the nature of a final decree pronounced in open court all parties interested having been duly cited. The difference between the effect of probate in common form and probate in solemn form is that probate in 'common form is revocable, whereas probate in solemn form is irrevocable, as against all persons who have been cited to see the proceedings, or who can be proved to have been privy to-those proceedings, except in the case where a will of subsequent date is discovered, in which case probate of an earlier will, though granted in solemn form, would be revoked. Coote, Prob. Pr. (5th Ed.) 237-239; Mozley A Whitley. And see Luther v. Luther, 122 111. 558, 13 N. E. 166. The term is used, particularly in Pennsylvania, but not in a strictly technical sense, to designate the proof of his claim made by a non-resident plaintiff (when the same ia on book-account promissory note, etc.) who swears to the correctness and justness of the same, and that it is due, before a notary or other officer in his own state; also of the copy or statement of such claim filed in court with the jurat of such notary attached.
-Probate bond. One required by law to be given to the probate court or judge, as incidental to proceedings in such courts, such as the bonds of executors, administrators, and guardians. See Thomas v. White, 12 Mass. 367.- Probate code. The body or system of law relating to all matters of which probate courts have jurisdiction. Johnson v. Harrison, 47 Minn. 575, 50 N. W. 923, 28 Am. St. Rep. 382. -Probate conrt. See COUBT OF PROBATE. -Probate, divorce, and admiralty division. That division of the English high court of justice which exercises jurisdiction in matters formerly within the exclusive cognizance of the court of probate, the court for divorce and matrimonial causes, and the high court of admiralty. (Judicature Act 1873, I 34.) It consints of two judges, one of whom is called the "President." The existing judges are the judge of the old probate ana divorce courts, who is president of the division, and the judge of the old admiralty court, and of a number of registrars. Sweet-Probate dnty. A tax laid by government on every will admitted to probate, and payable out of the decedent's estate.-Probate Homestead. See HOMESTEAD. -Probate Judge. The judge of a court of probate.
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