jail of the county, by warrant issued by such court, and there be kept in close confinement, until he shall deliver the will as above directed.
Sect. 18. When any will shall have been delivered into or deposited in any probate court having jurisdiction of the same, such court shall appoint a time and place for proving it, when all concerned may appear and contest the probate of the will, and shall cause public notice thereof to be given by personal service on all persons interested, or by publication under an order of such court, in such newspaper printed in this territory, as the judge shall direct, three weeks successively, previous to the time appointed, and no will shall be proved until notice shall be given as herein provided.
Sect. 19. If no person shall appear to contest the probate of will at the time appointed for that purpose, the court may, in its discretion, grant probate thereof, on the testimony of one of the subscribing witnesses only, if such witness shall testify that such will was executed in all the particulars as required in this chapter, and that the testator was of a sound mind at the time of the execution thereof.
Sect. 20. If none of the subscribing witnesses shall reside in this territory at [the] time appointed for proving the will, the court may in its discretion admit the testimony of other witnesses to prove the sanity of the testator and the execution of the will; and as the evidence of the execution of the will may admit proof of the handwriting of the testator and of the subscribing witnesses.
Sect. 21. No will shall be effectual to pass either real or personal estate, unless it shall have been duly proved and allowed in the probate court, as provided in this chapter; or on appeal in the district court; and the probate of a will of real or personal estate, as above mentioned, shall be conclusive as to its due execution.
Sect. 22. All wills which shall have been duly approved and allowed in any of the United States, or in any foreign country or state, according to the laws of such state or country, may be allowed, filed, and recorded in the probate court of any county in which the testator shall have real and personal estate, on which such will may operate in the manner mentioned in the following sections.
Sect. 23. When a copy of such will, and the probate