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The Pamphlet Collection of Sir Robert Stout: Volume 47

Proof of Heirship

Proof of Heirship.

Chap. 10.—Whenever a person dies intestate, leaving property outside the limits of the Province, or debts due by non residents to him. any heir may make application to a Judge of the Superior Court in the district where he had his domicile or died for letters of verification. The petition sets up the above facts with a statement of who are his heirs, their relationship to deceased and their filiation, and must be accompanied by affidavits of the truth of such statements. It must be served, with notice of day for its presentation, on the heirs not party to it, and notice must also be given for lour weeks in an English and French paper in the district. With the affidavit must be produced the necessary Acts of Civil Status or an affidavit when those are lacking. An heir or his representative may appear and contest. After the usual procedure and hearing, letters of verification declaring who are heirs and in what proportions are granted. But they may be subsequently contested by an heir not named or intervening. The declaration in such contestation must be accompanied by an affidavit of the grounds for it. After usual procedure the letters are maintained, corrected or revoked. Unless a contestation is pending, authentic copies of such letters under the seal of the Court are given to applicants for use out of the Province.