Trial of issues; jury; notice; service; absent parties; judgment

§ 18–513. Trial of issues; jury; notice; service; absent parties; judgment (a) When a caveat is filed, issues shall be framed under the direction of the court for trial by a jury, except that, if all persons interested are sui juris and before the court, and give written consent to trial without a jury, the issues may be tried and determined by the court. When the issues are to be tried by a jury, they are triable in the Probate Court by petit jurors drawn for regular service in the District Court. (b) At least 10 days prior to the time of trial of the issues as to a will, each heir at law or next of kin of the decedent, or both together, as the case requires, and each person claiming under the will in question or other instrument on tile purporting to be a will of the decedent, shall be served with a copy of the issues and a notification of the time and place of the trial. Before the trial, the court shall appoint a guardian ad litem for each of them who is an infant or of unsound mind. (c) If, as to a party in interest, the notification provided for by subsection (b) of this section is returned “Not to be found”, the court shall assign a new day for the trial, and shall order publication, at least twice a week for a period of not less than four weeks, of the substance of the issues and of the date fixed for the trial thereof, in a newspaper of general circulation in the District of Columbia, and may order such further publication as the case requires. Personal service upon absent parties is not essential to the jurisdiction of the court. From time to 79 Stat. 693time, the court may prescribe and revise rules for service personally upon the party outside the District of Columbia of a copy of the issues and of the notification. (d) The proceeding for impaneling a jury for the trial of the issues as to a will is the same as in civil actions. Subject to the right of appeal and to such revision as the common law provides, the verdict of the jury and the judgment of the court thereupon, or the judgment of the court without a jury, as the case may be, is res judicata as to all persons. The validity of the judgment may not be impeached or examined collaterally.