§ 8-9-15. Annulment of probate of will.
When it shall appear to a probate court, pending proceedings before it for the settlement of an estate as a testate estate, that the will under which the proceedings were had has been revoked by the testator, the court shall have power to annul any order or decree proving the will so revoked and any other order or decree made by the court in the settlement of the estate under the will. The court shall have power to proceed with the settlement of the estate under a subsequent will, if there is one; or, if there is none, to grant administration on the estate and proceed with the settlement thereof as an intestate estate, after such notice to all parties in interest as the court shall order; but the preceding executor or administrator shall not be personally liable for any thing done by him or her in good faith and in the line of his or her duties before the decree of annulment.
History of Section.C.P.A. 1905, § 727; G.L. 1909, ch. 307, § 7; G.L. 1923, ch. 358, § 7; G.L. 1938, ch. 569, § 7; G.L. 1956, § 8-9-15.
Structure Rhode Island General Laws
Title 8 - Courts and Civil Procedure – Courts
Section 8-9-1, 8-9-2. - Repealed.
Section 8-9-2.1. - Probate judges — Qualifications.
Section 8-9-2.2. - New Shoreham town council as probate court.
Section 8-9-2.3. - Probate judge in town where council sits as probate court.
Section 8-9-3. - Providence probate court.
Section 8-9-4. - Election and powers of probate judge.
Section 8-9-5. - Disqualification or inability of probate judge.
Section 8-9-6. - Town or city clerk as clerk of court.
Section 8-9-7. - Duties of probate clerk.
Section 8-9-8. - Clerk pro tempore in absence of probate clerk.
Section 8-9-9. - General probate jurisdiction.
Section 8-9-10. - Appointment and supervision of temporary custodians of decedents’ estates.
Section 8-9-11. - Power to take probate and grant administration of decedents’ estates.
Section 8-9-12. - Payment of legacies.
Section 8-9-13. - Revocation or modification of warrants and commissions.
Section 8-9-14. - Revocation or modification of orders or decrees.
Section 8-9-15. - Annulment of probate of will.
Section 8-9-16. - Confirmation of prior acts and proceedings.
Section 8-9-17. - Power to summon and receive evidence.
Section 8-9-17.1. - Subpoenas issued by other officials.
Section 8-9-18. - Judicial aid in taking possession of property of estates.
Section 8-9-19. - Expense of commitment for failure to deliver property of estate.
Section 8-9-20. - Right to counsel of person suspected of withholding property.
Section 8-9-21. - Contempt of court — Habeas corpus.