And, further, that the sum of ............ dollars ($............), in addition to all the aforesaid allowances, be, and the same is, hereby allowed each month to of said decedent, for maintenance during the progress of the settlement of said estate. And the said administrator [or, executor] is hereby directed to pay said allowance to said .... .... of the decedent, out of the moneys belonging to said estate, after the payment of the debts incurred on account of decedent's funeral and last sickness (and after reserving in his hands sufficient assets of the estate to pay the costs of the administration thereof), and, upon the payment of said preferred debts and the reservation of the last said costs, the said .... ..... is also directed to deliver to the said ..... of decedent the personal property described in this order. [Signature of judge or surrogate.] ARTICLE VI. ASSIGNMENT OF DOWER. 168. Petition for Assignment of Dower, by Widow. Your petitioner undersigned respectfully alleges: 1. That she is the widow of the said decedent, ... ..; and that the said ............ died on the .... day of ............, 19...., leaving an estate in fee belonging to him at the time of his death. 2. Your petitioner further showeth that she has not had her dower in the said premises below described, assigned to her within............ days after the decease of her said husband, nor at any time since, although she is entitled to dower in said property. 3. That the descriptions and locations of the several tracts or parcels of land in which said widow is entitled to dower are as follows: [Here describe and locate the real estate left.] Wherefore your petitioner respectfully prays that dower may be assigned to her in said property, in the manner provided by law. [Signature of widow.] [Signature of widow's attorney.] [Verification as in No. 9.] 169. Petition for Assignment of Dower, by Heir or Devisee of Decedent. [Title.] To the Hon. of said Court: Your petitioner undersigned respectfully alleges: 1. That he has a legal right to and is seized in fee simple, as and one of the heirs at law [or, as one of the devisees under the last will and testament] of the said decedent, ............. of the undivided .... part of the real estate hereinafter described and ............, the widow of said decedent is interested in said realty as hereinafter stated. : 2. [As in paragraph 2 in No. 168.] 3. [As in paragraph 3 in No. 168.] [Verification as in No. 9.] [Signature of petitioner.] 170. Order Fixing Time for Hearing Petition. [Title.] Now, on this ............. ......... day of ............, 19...., a petition having been filed in the above entitled matter in the above named court by............, the............ of said decedent, ............, asking that dower may be assigned to ............, widow of said decedent, in the manner provided by law, it is, therefore, ordered by the court that the day of..... 19...., at the hour of ... o'clock, M., and at the court room of this court at ............ in the said County of............, be, and is, appointed the time and place for the hearing and determination of said petition; and, at such time and place each and every person interested in said estate may appear and show cause, if any, why the prayer of said petition should not be granted, and may ask for such relief in the premises as the law allows. It is further ordered that notice of the time and place appointed, as aforesaid, for the hearing of said petition, be given to all interested parties in said estate, in the manner provided by law in such cases. [Or, specify the exact manner in which the notices shall be served.] [Signature of judge or surrogate.] 171. Notice of Hearing Petition. [Title.] The State of.............................: To ............ and to All Other Persons Interested in said Estate: Notice is hereby given that the said..... ....... died........testate, on the ............ day of ................................, 19...., and the estate of said decedent is being administered in the above entitled cause in the above named court; that is the duly qualified and acting administrator of the estate [or, the executor of the last will and testa 19...., ment] of said decedent; that on the ............ day of the following named persons [or, ........ the widow of said decedent], viz, ............, appeared in this cause and filed herein their [or, her] petition, asking that dower in the following described premises, to wit, be assigned to, the widow of said decedent, in the manner provided by law. ....... You are further notified that on or before the ....... day of 19...., all parties interested in said estate who have not joined in the aforesaid petition for assignment of dower must enter their appearance herein in the manner provided by law, and on or before the ..... day of............, 19...., they must answer said petition, and each and every plea permitted by law to be joined on the issues raised by said petition shall be filed herein on or before the ............. day of............, 19....; that, after all the issues aforesaid are due, the court will determine the title to said realty and make such order in the premises as is warranted by law and existing conditions; and if you shall be in default for appearance and plea to said petition, the same may be taken s true. The Sheriff of this said county of ............ in the State of....... is hereby commanded to make service of this writ on all interested parties to said estate who reside in this county, excepting the petitioners above named, and said Sheriff will make due return hereof on or before the ..... day of............, 19..... Given, by order of the court, under my hand and the seal of my office, at ............, on this .......... day of ............, 19..... [Signature, title and seal of officer.] 172. Affidavit of Posting Notices. [Formulate from No. 27.] 173. Proof of Publication of Notice. [Formulate from No. 28.] 174. Return Showing Service of Notice. State of............, County of ............, ss: Received this writ on the............ day of..... 19...., and as commanded therein, I served the same on the following named persons, at the times and in the manner following, to wit: Names of persons served Manner of service Dates The following named persons who appear to be interested in the estate of .... deceased, named in said notice, cannot be found in my county, viz: Fees: ........... and [Name of principal officer.] [Signature of deputy who served the writ.] NOTE: See, also, No. 25. 175. Motion for Appointment of Guardian Ad Litem for Minor Your petitioner undersigned respectfully alleges: That ....he is .......................... of ............, a minor under the age of ..... ............ years [or, an insane or incompetent person]; that said minor [or, incompetent] is interested in the estate of the said decedent, ............, in this, to wit, ....... ..; that there is now pending in the above named court, in the above entitled matter, a petition by ............, asking that dower in the following described premises, to wit, be assigned to............, the widow of said decedent, and the .... day of.... ...., 19...., has been, by the court, assigned as the time for hearing and determining such petition; that it is necessary and for the best interests of said minor [or, incompetent] that a guardian ad litem be appointed by the court to represent said minor [or, incompetent] in the proceedings to be had in the determination of said petition for assignment of dower. Wherefore your petitioner prays that a guardian ad litem for the said............ be forthwith appointed by the court. [Signature of petitioner.] 176. Order Appointing Guardian Ad Litem. [Title.] Now, on this............ day of..... 19...., this matter comes on to be heard on the motion of for the appointment of a guardian ad litem for a minor under the age of years [or, an insane or incompetent person], to the end that the best interests of said minor [or, incompetent] in the proceedings now pending in this court in this matter, relative to the application of ............ for the assignment of dower to ............, widow of said decedent, ............, in and to a part of said estate, may be promoted, and the court being satisfied that sufficient grounds exist for the appointment of a guardian ad litem herein, and that an attorney at law, is a proper person to represent said It is, therefore, ordered by the court that............. be, and is, hereby appointed guardian ad litem herein for said. minor [or, incompetent], in the aforesaid proceedings relative to the assignment of dower to ............, widow of said decedent. [Signature of judge or surrogate.] 177. Answer of Guardian Ad Litem. [Title.] Comes now.... a minor under the age of years [or, an insane or incompetent person], by......................, h.................... guardian ad litem, and for answer to the petition of for the assignment of dower in a part of the estate of the decedent, ............, to widow of said decedent, denies each and every material allegation in said petition set forth, excepting that; and said minor further saith that ........he is of tender years and entitled to have h........ rights protected by the court. Wherefore the said minor [or, incompetent], prays the court to grant h........ such relief herein as is proper. [Signature of Guardian Ad Litem.] 178. Answer by Heir, Devisee or Purchaser. [Title.] Comes now the undersigned, ............, who is interested in the said estate of............, deceased, in this, to wit, ............, and who, for h........ answer to the petition of ...... for the assignment of dower in said estate to ......, the widow of said decedent, denies each and every material allegation in said petition contained, excepting that ......... And the undersigned............ further respectfully alleges that the said ............ should not be assigned dower in said estate for the following reasons, to wit, Wherefore the undersigned prays the court to grant h........ such relief in the premises as is proper. [Signature of answering party.] [Signature of attorney for party.] 179. Decree Assigning Dower in Part of Premises. [Title.] Now, on this............. day of ............, this matter comes on for hearing upon the petition [if other pleadings have been filed, name them] and the evidence, and the court, being duly advised in the premises, finds that all the parties interested in said estate have |