Page:United States Statutes at Large Volume 76A.djvu/734

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


-638Subchapter I—Notices § 2181. Requests for special notice of proceedings (a) At any time after the issuance of letters testamentary or of administration upon the estate of a decedent, a person interested in the estate, whether as heir, devisee, legatee, or creditor, or his attorney, may serve upon the executor or administrator or upon the attorney for the executor or administrator, and file with the clerk of the court wherein administration of the estate is pending, a written request, stating his post-office address and stating that he desires special notice of any or all of the following matters, steps, or proceedings in the administration of the estate: (1) filing of petitions for sales, leases, or mortgages and confirmation of sales of any property of the estate; (2) filing of accounts; (3) filing of petitions for distribution; (4) filing of petitions for partition of any property of the estate. (b) Thereafter a brief notice of the filing of any such petitions, or accounts, except petitions for sale of perishable property or other personal property which will incur expense or loss by keeping, shall be addressed to the person making the request, or his attorney, at his stated post-office address, and deposited in the post office with the postage thereon prepaid, within two days after the filing of the petition or account; or personal service of the notice may oe made on the person making the request or his attorney, within two days, and the personal service is equivalent to deposit in the post office. Proof of mailing or of personal service shall be filed with the clerk before the hearing of the petition or account. (c) If upon the hearing it appears to the satisfaction of the court that the notice has been regularly given, the court shall so find in its order or judgment, and the judgment shall be final and conclusive upon all persons. § 2182. Personal notice by citation; contents (a) When personal notice is required, and a mode of giving it is not prescribed by this title, it shall be given by citation. (b) The citation shall be directed to the person to be cited, signed by the clerk, issued under the seal of the court, and shall contain: (1) the title of the proceeding; (2) a brief statement of the nature of the proceeding; and (3) a direction that the person cited appear at a time and place specified. § 2183. Issuance and service of citation (a) The citation may be issued by the clerk upon the application of any party, without an order of the court, except in cases in which an order is expressly required by law. (b) The citation shall be served in the same manner as a summons in a civil action. (c) When no other time is specially prescribed by law, the citation shall be served at least five days before the return day thereof. § 2184. Service on guardian; powers and duties of guardian Whenever an infant or incompetent person has a guardian of his estate residing in the Canal Zone, personal service upon the guardian of any process, notice, or order of the court concerning the estate of a deceased person, in which the ward is interested, is equivalent to service upon the ward, and it is the duty of the guardian to attend to the interests of the ward in the matter. The guardian may also appear for his ward and waive any process, notice, or order to show cause which an adult or a person or sound mind might waive.