Second-All such objections to the legality of the contents of such will which then exist and could then be raised and determined in any other action, which class of objections shall, if such instrument be found to be a will, be heard and determined by the court, before such will be formally admitted to probate, and if, upon the hearing of such second class of objections, the court shall determine that any portion of the contents of such will is void, the court shall admit such will to probate, in so far as it shall be found to be valid and binding, and it shall be executed only in so far as its contents may be held to be valid and binding; and any portion of such estate not conveyed by such will because of the invalidity of any portion of its contents shall be held to be intestate property, to be administered as such, by the executor or administrator with will annexed, appointed to execute such will. If the entire contents of such will be held void, such estate shall be administered as in other cases of intestacy. Legislation. Sec. 7095. Act 1903 p. 481 § 37, cited under § 7040. CITATIONS. 7095 M 7893 55 C 340 56 C 553 25 A 231 On appeal to the district court from the probate of a will the contestant is entitled to have the issues of fact tried by jury. Clough v. Clough, 27 C. 97, 59 P. 736. (Affirming 10 A. 440, 51 P. 516). A will should not be refused probate as to undisputed legacies without affording such legatees opportunity to be heard.— Snodgrass v. Smith, 42 C. 61, 94 P. 313. 7096. Copy conclusive proof-Contest-Limitation. SEC. 57. In all actions wherein the execution or contents of any last will may be brought in question, the record of the probate of such will, or an exemplified copy of such record, shall be conclusive proof of the execution and also of the legality and validity of the contents thereof, in so far as the same were determined at the probate, both as against the persons summoned and appearing at the probate thereof and as against all other persons; Provided, That any heir at law, legatee, devisee, or other person interested to prove or contest the said will, who was not summoned by actual service of process, and who did not appear at the probate of such will, may at any time within one year after the admitting of such will to probate, appear in the county court of the county wherein such will was presented for probate, and contest the validity of such will, or propound the same for probate as in an original proceeding for probate; but if no such person shall appear within the time aforesaid, the probate, or refusal thereof, shall be forever binding and conclusive on all the parties concerned saving to infants, or persons non compos mentis, the like period after the removal of their respective disabilities. 7096 M 7891 56 C 553 7097 M 7895 55 C 340 Legislation. Sec. 7096. Act 1903 p. 482 § 38, cited under § 7040. 7097. Probate of subsequent will-Legacies repaid. SEC. 58. If, upon the probate of a later will or upon rehearing in the county court, or upon appeal or otherwise, it shall be judicially determined that any writing theretofore admitted to probate is not the last will of decedent, the probate of such writing shall forthwith be revoked, and the legacies, if any, which shall have been paid by the executor or administrator shall be repaid by the legatees to the executor or administrator subsequently appointed. Upon the production of any such later will for probate, the devisees in the will originally proved shall be summoned and made defendants. Legislation. Sec. 1097. Act 1903 p. 483 § 39, cited under § 7040. 7098. Probate of subsequent will must be commenced within SEC. 59. That the proceedings for the setting aside of the probate of any will and the probate of a subsequent will made by the same person, in order to affect the title of any person who, prior to the commencement of such proceedings for the setting aside of such probate, shall have purchased for value, in good faith and without notice of such subsequent will, from any legatee. or devisee any property devised or bequeathed to such legatee or devisee by such will first probated, shall be commenced within three years after the probate of the first will in case of any testator or testatrix who shall hereafter die seized of property, real or personal, in this state, or within three years after the date of the passage of this act in case of any such testator or testatrix who shall have heretofore died, and unless commenced within the time so limited such proceedings shall not affect the title of any such purchaser. Legislation. Sec. 7098. Limiting the Time Within Act 1907 p. 6.5 § 1, entitled: Which Wilis May Be Presented for Probate. 7099. Probate of will after settlement of estate as intestate must commence in three years. SEC. 60. That in case of the settlement of the whole or any part of the estate of any person as an intestate estate no will of such decedent thereafter presented and admitted to probate shall affect the title of any purchaser of any of such decedent's estate so settled as intestate, from the heirs of such decedent for value, in good faith and without notice of such will, unless proceedings for the probate thereof shall be commenced within three years after the final settlement of the estate in case of any person hereafter dying, or within three years after the passage and approval of this act in case of any person heretofore deceased. [Act approved April 15, 1907.] Legislation. Sec. 7099. Act 1907 p. 615 § 2, cited under § 7098. 7100. Legatee or devisee reimbursed for value of improve ments. SEC. 61. In case of the probate of any such will after the time hereinbefore limited for such a case, any heir, legatee or devisee who shall have, after the expiration of such time, expended money in the improvement of any property which would have belonged to him as such heir, legatee or devisee in the absence of such will, shall be reimbursed for the value of such improvement by the legatee or devisee of such property under such will; Provided, however, That such legatee or devisee under such will so admitted to probate after the expiration of the time herein before limited shall be allowed to deduct from the sum he is required to pay on account of such improvements, the reasonable value of the use of such property as improved, during the time the same has been occupied by the person making such improvement or by his tenants. Legislation. Sec. 7100. Act 1907 p. 616 § 3, cited under § 7098. 7101. Devisee under subsequent will may recover from devisee under former will. SEC. 62. Nothing in this act shall operate to prevent any devisee or legatee under such will so admitted to probate after the expiration of the time herein before limited from recovering the value of any property devised or bequeathed to him in such will from any heir, or devisee, or legatee under a former will, who shall have sold said property. The amount so recovered shall be the value of such property at the time of such sale, less the value of any improvements made thereon in good faith after the expiration of the time hereinbefore limited by the heir, devisee, or legatee from whom recovery is sought. Legislation. Sec. 7101. Act 1907 p. 616 § 4, cited under § 7098. IV. APPOINTMENT AND QUALIFICATION OF EXECUTORS, ADMINISTRATORS, GUARDIANS AND CONSERVATORS. Section. 7102. 7103. Where administration had-Judge interested. Executor cause will to be proved within thirty days-Penalty for failure. 7104. Letters testamentary-Letters of administration with will annexed. 7105. 7106. 7107. 7108. Administration to whom granted-Proof of death. Creditors may apply for administration within two years. Letters of administration revoked if will produced. 7109. Will annulled, letters revoked. [See Chapter 60, Guardian and Ward.] [See Chapter 88, Lunatics.] [For appointment state bureau of child and animal protection as guardian see sections 558 and 559.] [Humane society as guardian. Section 606.] [Trust company may act as executor, guardian, etc. Section 305.] IV. APPOINTMENT AND QUALIFICATION OF EXECUTORS, ADMINISTRATORS, GUARDIANS AND CONSERVATORS. Continued. 7110. Special administrator-Duties and powers-Contest. Persons disqualified to administer estates. 7111. 7112. Full age construed. 7113. 7114. 7115. 7116. 7117. 7118. 7119. 7120. 7121. 7122. 7123. 7124. Guardian-When appointed. Conservator-When appointed. Guardians and conservators to non-residents-Laws governing. Guardian ad litem-Appearance. Trial-Evidence of insanity-Authentication. Conservator appointed-Laws governing. More than one executor, etc.-Letters revoked-Death-Oath Resignation of executor, guardian, etc.-Acceptance-Settle- Executor, etc., deliver effects of estate to successor. 7125. Bond of executor, guardian, etc. 7126. When security not required. 7128. 7129. When judge is surety, new bond given. Release of surety-New bond given-Failure. 7130. Surety released except as to prior misconduct. Letter issued under seal of court. 7131. 7102. Where administration had Judge interested. SEC. 63. The administration of all estates of persons dying, testate or intestate, and of all minors and persons mentally incompetent, shall be had in the county court of the county of the last known residence of such testator, intestate, minor or mental incompetent, or if he had no residence in this state, then in the county court of the county wherein his personal estate or the greater part thereof may be found, but if he left no personal estate, then in the county court of the county wherein his real estate, or the greater part thereof is situated. Whenever the county judge of |