PROBABLE GROUTTD 1428 1429

PROBABLE G R O U N D . As used in the Illi- Reno v. McCully, 65 Iowa 629, 22 N. W. 902; gross value of
nois Quo Warranto Act, requiring the judge Appeal of Dawley, 16 R. I. 694, 19 A. 248. deceased testa
to be satisfied there is probable ground for The term is used, particularly in Pennsyl- cedent's estate
the proceeding before granting leave to file vania, but not in a strictly technical sense,
the information in quo warranto, "probable PROBATE HC
to designate the proof of his claim made by
ground" means a reasonable ground of pre- a non-resident plaintiff (when the same is on PROBATE JU
sumption that a charge is or may be well book-account, promissory note, etc.) who probate.
founded. People v. Burson, 307 111. 533, 139 swears to the correctness and justness of the
N. B. 139, 140: People v. Hartquist, 311 I1L same, and that it is due, before a notary or PROBATE JL
127, 142 N. E. 475, 476. other officer in his own state; also of the the ordinary, ;
copy or statement of such claim filed in court, probate court
PROBABLE REASONING. In the law of evi- with the jurat of such notary attached. And ment of wills,
dence. Reasoning founded on the probability see Stevens v. D. R. Dunlap Mercantile Co., supervision of
of the fact or proposition sought to be proved 108 Miss. 690, 67 So. 160, 161. of their prope
or shown; reasoning in which the mind ex- er powers pel
ercises a discretion in deducing a conclusion Common and Solemn Form of Probate v. Carolina H
from premises. Burrill. 25.
In English law, there are two kinds of pro-
Probandi necessitas Incumbit ill! qul aglt. The Sate, namely, probate in common form, and . PROBATE P
necessity of proving lies with him who sues. /probate in. solemn form. Probate in commoq nation of the
Inst 2, 20, 4. In other words, the burden of j form is granted in the registry, without any by the law i:
proof of a proposition Is upon him who ad-| Tormal procedure in court, noon an ex narte subjects with
vances It affirmatively. application made by the executor. Probate in v. Porter, 87
r
eolemn form, is in the nature of a final de-1 cally, a proe
PROBARE. cree pronounced in open court, all parties in- tion of the d
In Saxon Law terested having been duly cited. The differ- Lillard v. Ti
To. claim a thing as one's own. Jacob. ence between the effect of probate in common 576, 578. A ]
form and probate in solemn form is that pro- as a will, of
In Modern Law Language bate in common form is revocable, whereas to probate a;
To make proof, as in the term "onus pro- probate in solemn form is irrevocable, as ed as a will
bandi," the burden or duty of making proof. against all persons who have been cited to see 209 P. 430, 4
the proceedings, or who can be proved to have
been privy to those proceedings, except in the PROBATIO
PROBATE. Originally, relating to proof; direct, as d
afterwards, relating to the proof of wills. case where a will of subsequent date is dis-
covered, in which ease probate of an earlier cumstantial
The act or process of proving a will. Ross' will, though granted in solemn form, would be
Estate v. Abrams (Tex. Oiv. App.) 239 S. W. PROBATIO
revoked. Coote, Prob. Pr. (5th Ed.) 237-239;
705, 707. The proof before an ordinary, sur- proof by in
rogate, register, or other duly authorized per- Mozley & Whitley. And see Luther v. Lu-
ther, 122 111. 558, 13 N. E. 166. other writt
son that a document produced before him for
official recognition and registration, and al- PROBATE BOND. One required by law to PROBATIC
leged to be the last will and testament of a be given to the probate court or judge, as in- proof; pro
certain deceased person, is such in reality. instrument.
cidental to proceedings in such courts, such
A judicial act or determination of a court as the bonds of executors, administrators, and 25; 3 Bl. C
having competent jurisdiction establishing guardians. See Thomas v. White, 12 Mass. PROBATIC
the validity of a will. In re Connell's Will, 367. Half-full I
221 N. T. 190, 116 N. E. 986, 988; Simpson v. witness, 01
Anderson, 305 111. 172, 137 N. E. SS, 89; Brad- PROBATE CODE. The body or system of Civil Law.
ley v. Bradley, 119 Md. 645, 87 A. 390, 393. law relating to all matters of which probate
PROBATH
Also, the copy of the will, made out in courts have jurisdiction. Johnson v. Harri-
parchment or due form, under the seal of the son, 47 Minn. 575, 50 N. W. 923, 28 Am. St. proof by tl
ordinary or court of probate, and usually de- Rep. 3B2. PROBAT!
livered to the executor or administrator of PROBATE COURT. See Court of Probate. thing; th<
the deceased, together with a certificate of test; the '
the will's having been proved. PROBATE, DIVORCE, AND A D M I R A L T Y
sense in tl
In American law, now a general name or D I V I S I O N . That division of the English high civil servi
term used to include all matters of which court of justice which exercises jurisdiction rel. Walti
probate courts have jurisdiction. Johnson v. in matters formerly within the exclusive cog- Y. S. 872
Harrison, 47 Minn. 575, 50 N. W. 923, 28 Am. nizance of the court of probate, the court for In mod
St. Rep. 382. See, also, Ingraham. v. Baum, divorce and matrimonial causes, and the high ing a per
136 Ark. 101, 20G S. W. 67, 68. court of admiralty. (Judicature Act 1873, §
34.) It consists of two judges, one of whom (particuli
In the canon law, "probate" consisted of under a
is called the "President." The existing judg-
prolatio, the proof of the will by the execu- behavior,
tor, and approbatio, the approbation given es are the°judge of the old probate and divorce or guard:
by the ecclesiastical judge to the proof. 4 courts, who is president of the division, and People e
Reeve, Eng. Law, 77. And see In re Spiegel- the judge of the old admiralty court, and of a 681, 159
number of registrars. Sweet.
halter's Will, 1 Pennewill (Del.) 5, 39 A. 465;
PROBAT
McCay v. Clayton, 119 Pa. 133, 12 A. 860; PROBATE DUTY. A tax laid by government
Pettit v. Black, 13 Neb. 142, 12 N. W. 841; on every will admitted to probate or on the ant of t