Probate

* Formal, ofl Bcial or legal proof: as, the probate of (and to probate) a claim, a will. When a will is proved, the original is deposited in the registry, and a copy, made under the seal of the register, is delivered to the executor or administrator, along with a certificate of its having been proven: all which together is styled " the probate." 5 Strictly used, relates to the proof of a will before an officer or tribunal having jurisdiction to determine the question of itsvahdity. In common usage, however, often refers to the proceeding incident to the administration 1 Honesty v. Commonwealth, 81 Va. 394 (1886). ! Brown v. Atlanta, &c.

B. Co., 19 S. C. 59 (1882). » New York, &c.

E. Co. v. New Britaui, 49 Conn. 40 (1881). and settlement of the estates of decedents, and is, therefore, sometimes so used in statutes.i Federal courts have jurisdiction in a controversy between parties of different States respecting the validity, construction, or enforcement of a decree admitting a will to probate; it is in the nature of a proceeding in rem.^ Jurisdiction as to wills, and their probate as such, is neither included nor excepted out of the grant of the judicial power ^ the Federal courts. So far as it is ex parte and merely administrative, it is not conferred, and cannot be exercised at all, until, in a case at law or in equity, its exercise becomes necessary to settle a controversy as to which those courts have jurisdiction by reason of citizenship.'' A probate is conclusive until revoked.' Generally speaking, a court of equity will not entertain a bill to set aside the probate of a will. Succession to the estate is in the nature of a proceeding in rem, in which all who have any interest are parties, and are concluded as upon a res adjudicata by the decision of the court, which generally has ample powers of process and investigafion.* A statute which provides for an ante mortem probate is inoperative and void." Coiirt of probate. A court exercising jurisdiction over the estates of deceased persons, possessing, as to personal assets, nearly all the powers formerly exercised by the courts of chancery and the ecclesiastical courts of England. Such courts collect the assets, allow claims, direct payments and distribution of the property to legatees or others entitled, and, generally, do everything essential to a final settlement of the affairs of the deceased, and the claims of creditors against the estate. Other names are "orphans'" and "surrogates'" courts.' Such a court has power to administer the equities directly involved in the matter before it.s See Res, 2.