plication has been duly given in a newspaper of general circulation in such county, may order such change of name. [40 v. 28, ? 2; S. & C. 1138.] 25854. Id. Of town, village, or hamlet. Not less than twelve freeholders of the vicinity may file a petition in the court of common pleas of the county, for the change of the name of any town, village, or hamlet in such county, setting forth the reason why such change of name is desirable, and the name proposed to be substituted; and the court, upon being satisfied by proof, that the prayer of the petitioners is just and reasonable, that notice as required in the last section has been given, that at least three-fourths of the inhabitants of such town, village, or hamlet desire such change, and that there is no other town, village, or hamlet in this state of the same name as that which is prayed for, may order such change of name. [40 v. 28, 3; S. & C. 1138.] 2 5855. Id. Of corporation. The directors or trustees of a corporation incorporated in this state may file a petition in the court of common pleas of the county in which its principal office is located, or, if it has no principal office, in the county in which it is situate, for a change of name of such corporation; and the court, upon being satisfied that thirty days' notice of the object and prayer of the petitioners has been given, by publication in a newspaper of general circulation in the county, and upon good cause shown, shall order the change of name as prayed for. [51 v. 293, ?? 1, 2; 50 v. 274, 8 77; S. & C. 309, 317.] 25856. Id. Copy of order to be filed and publication made. A copy of the order of the court shall be filed with the secretary of state, if the articles of incorporation were filed in his office, or with the recorder of the county, if the certificate was filed in his office; and in either case a copy of the order shall be published in some newspaper of general circulation in the county. [51 v. 293, 3; 50 v. 274, % 77; S. & C. 309, 317.] 25857. Effect of change of name of corporation. When the provisions of the last section have been complied with, such corporation shall thereafter be known by such new name, and shall have all the powers, and be subject to the same restrictions, as if no change of name had been made; and no such change of name shall affect the rights of such corporation, or of any individual, or other corporation. [51 v. 293, ? 4; 50 v. 274, ? 77; S. & C. 309, 317.] CHAPTER XV. TO CONTEST WILL. 25858. Person interested may contest will or codicil. A person interested in a will or codicil admitted to probate in the probate court, or court of common pleas on appeal, may contest the validity thereof in a civil action in the court of common pleas of the county in which such probate was had. [51 v. 167, 24; S. & C. 1216.] A widow, though electing to take under, may contest will, 16 O. S. 353. The jurisdiction is original and not appellate, 20 O. S. 208; but the proceeding is in the nature of an appeal from the order of probate, 33 O. S. 598. Remainderman, 3 C. C. R. 91. 25859. Necessary parties to the action. All the devisees, legatees, and heirs of the testator, and other interested persons, including the executor or administrator, must be made parties to the action. [75 v. 781, ? 2.] The omission to make a devisee or legatee a party is error for which the decree setting aside the will will be reversed, 35 O. S. 638. Executor is not bound to act, 7 O. S. 143. 5860. Clerk to certify filing of petition to probate court. Upon the filing of the petition, the clerk shall certify that fact to the probate court in which the will is recorded, and the probate judge shall proceed as provided in title two. [2 5936.] 25861. Issue, trial, verdict, etc. An issue shall be made up, either in the pleadings or by an order on the journal, whether the writing produced is the last will or codicil of the testator, or not, which shall be tried by a jury, and the verdict therein shall be conclusive, unless a new trial be granted, or the judgment be reversed or vacated. [82 v. 36; 50 v. 297, § 21; S. & C. 1618.] Issue to be tried by a jury, 14 0. S. 157; 17 Id. 374, and the jury determine the question as to alterations, 33 O. S. 598. It is not the duty of the court to construe the will, 15 O. S. 90. The original will, and not a copy, must be produced, 33 O. S. 598. Admissions of devisee are not evidence, 13 O. S. 356. Judgment binds only the parties to the action, 17 O. S. 374; see 44 O. S. 67. 2 5862. Order of probate court is prima facie evidence. On the trial of such issue, the order of probate shall be prima facie evidence of the due attestation, execution, and validity of the will or codicil. [50 v. 297, ? 22 ; S. & C. 1619.] 23 O. S. 491. 5863. When the testimony upon the probate is competent. A certified copy of the testimony of such of the witnesses examined upon the probate as are out of the jurisdiction of the court, dead, or have become incompetent since the probate, shall be admitted in evidence on the trial. [50 v. 297, ? 23; S. & C. 1619.] 25864. Conduct of the trial. The party sustaining the will shall be entitled to open and close the evidence and argument; he shall offer the will and probate, and rest; the opposite party shall then offer his evidence; the party sustaining the will shall then offer his other evidence; and rebutting testimony may be offered as in other cases. [72 v. 167, ? 1.] See, before the last amendment, 6 O. S. 307; 11 O. S. 329; 15 O. S. 90. 25865. No appeal to circuit court. Error lies. No appeal can be taken from the judgment of the common pleas court to the circuit court in cases to contest a will, but the right to prosecute proceedings in error in such cases shall be the same as provided in other cases brought in the common pleas court. [82 v. 36; 50 v. 297, ? 24; S. & C. 1619.] 1 C. C. R. 476. Appeal was formerly allowed, 10 O. S. 447, and the right could not be taken away by agreement, 13 O. S. 573; but there was none from the Superior Court of Montgomery County to the district court, 23 O. Ŝ. 602. 25866. Limitation. An action to contest a will or codicil shall be brought within two years after the same has been admitted to probate, but persons within the age of minority, of unsound mind, imprisoned, or absent from the state, may bring such action within two years after such disability is removed. [83 v. 75; 50 v. 297, 22 19, 25; S. & C. 1618, 1619.] Saving of one inures to all, 20 O. S. 208; 10 O. 362. CHAPTER XVI. TO CURE CERTAIN DEFECTS, ERRORS, AND OMISSIONS. 2 5867. When court must give effect to the intention of the parties. When, in an instrument in writing, or in a proceeding, there is an omission, defect, or error, by reason of the inadvertence of an officer, or of a party, person, or body corporate, whereby the same is not in strict conformity with the laws of this state, the courts of this state may give full effect to such instrument or proceeding according to the true and manifest intention of the parties thereto. [56 v. 40, ? 1; S. & C. 1172.] The provisions of this section are permissive, 20 O. S. 119. Want of seal to statutory certificate of parties organizing as a railroad corporation, 20 O. S. 190. Acknowledgment of certificate of incorporation of building association before notary instead of justice, 26 O. S. 483. 25868. Correction of certain errors, omissions, etc., by action. When any such error, omission, or defect occurs in an instrument or proceeding which is required to be made a matter of record, any party, person, body corporate, or persons intending and undertaking to become a body corporate, having or claiming an interest in the correction of such error, omission, or defect, may file a petition in the court of common pleas, setting forth particularly the error, defect, or omission complained of, and asking an order for the correction thereof. [56 v. 40, ? 2; S. & C. 1172.] 25869. In what county petition to be filed. When the record to be corrected is in any way connected with a body corporate, the petition shall be filed in the county wherein the principal office of such corporation is located, and in all other cases in the county wherein the record is kept. [56 v. 40, ? 3; S. & C. 1173.] 25870. How service to be made. When the application is made by a body corporate, or by persons intending and undertaking to become a body corporate, notice of the application, specifying the error, defect, or omission complained of, and the time and place of hearing the same, shall be published for six consecutive weeks, in some newspaper of general circulation in the county where the application is made; and in all other cases service shall be made in the manner prescribed by law for making service in civil actions. [56 v. 40, 2; S. & C. 1172.] 25871. Judgment and its effect. The court, upon being satisfied that such mistake, error, or omission has been made, shall grant and make an order to correct the same, which order shall be filed in the office in which such record is required to be kept; and from and after such filing, such record, and the order correcting the same, shall be received as evidence in all cases, in all courts, the same as if no such error, omission, or defect had ever existed. [56 v. 40, ? 2; S. & C. 1172.] ? 5872. Errors in deed by wife corrected. The court of common pleas and superior courts may correct, amend, and relieve against, any errors, defects, or mistakes occurring in the deed or other conveyance of a husband and wife, executed and intended to convey or incumber the lands or estate of the wife, or her right of dower in the lands of her husband, in the same manner and to the same extent as such courts are or may be authorized or empowered to correct errors, mistakes, or defects in the deeds or conveyances of any other persons. [54 v. 199, 21; S. & C. 694.] 11 O. S. 641; 13 O. S. 565; 20 O. S. 478; 26 O. S. 153; 36 O. S. 549; 40 O. S. 441; 41 O. S. 171. Form of pleading, 11 O. S. 641. CHAPTER XVII. TO PERPETUATE TESTIMONY. 25873. Testimony may be perpetuated. The testimony of a witness may be perpetuated as herein provided. [51 v. 57, 363; S. & C. 1047.] 25874. Id. Petition. The applicant shall file in the office of the clerk of the court of common pleas a petition, to be verified, in which shall be set forth, specifically, the subject matter relative to which testimony is to be taken, and the names of the persons interested, if known to the applicant, and if not known, such general description as he can give of such persons, as heirs, devisees, alienees, or otherwise; the petition shall also state the names of the witnesses to be examined and the interrogatories to be propounded to each; that the applicant expects to be a party to an action in a court in this state, or is a party to an action already commenced, in which judgment has been rendered and the execution thereof stayed by proceedings in error, that such testimony will, as he believes be material in the trial of said action, and |