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Devisee of deceased recorded owner may apply to be recorded as owner.
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34. On the death of the recorded owner of any real estate, any person claiming as devisee may apply to the judge for a fiat directing the officer to record the applicant as owner, in the place of the deceased person; but the judge shall withhold such fiat until the applicant shall have lodged in the office the probate or a true copy of the will or codicil under which he claims; and no transfer or disposition by any such devisee shall be recorded, except after the service of such notice on the heir-at-law and executors (if any) as the judge may deem necessary; and the judge may also, if he shall see fit, suspend such fiat until a decision of some other competent court in favour of the title claimed by such devisee shall have been obtained.
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