Chap. 339.—An ACT to amend and re-enact section 5259 of the Code of Virginia,
relating to probate, impeachment and establishment of wills. [H B 264]

Approved March 29, 1934

1. Be it enacted by the General Assembly of Virginia, That section
fifty-two hundred and fifty-nine of the Code of Virginia, be amended
and re-enacted so as to read as follows:

Section 5259. Motion for probate may be ex parte; when and by
whom suit may be brought in such case, to impeach or establish will.—
Any court having jurisdiction of the probate of wills under section
fifty-two hundred and forty-seven may, however, without summoning
any party, proceed to probate and admit the will to record, or reject
the same. After a sentence or order under this section or under section
fifty-two hundred and forty-nine, a person interested, who was not a
party to the proceeding, may proceed by bill in equity to impeach or
establish the will, on which bill a trial by jury shall be ordered to
ascertain whether any, and if any, how much of what was so offered
for probate, be the will of the decedent. The court may also, if it
deem proper, require all testamentary papers of the same decedent to
be produced, and direct the jury to ascertain whether any, or if there
be more than one, which of the papers produced, or how much of
what was so produced, be the will of the decedent. If the sentence
or order be made by the court in the exercise either of its original
jurisdiction or an appeal from the clerk, such bill shall be filed within
one year from the date of such order made by the court. If no appeal
be taken from a sentence or order made by the clerk under section
fifty-two hundred and forty-nine, the bill shall be filed within one
year from the date of such order or sentence by the clerk. If no
such bill be filed within that time, the sentence or order shall be for-
ever binding. No bill shall be filed under this section except in the
court in which, or in the clerk’s office of which, the will was admitted
to probate.