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9.

Petition to Compel Third Party to Produce Will.

State of....., County of ....

In the ..........

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Court of said County.

In the Matter of the Application for the production of the Last Will and Testament of ............, Deceased.

To the Hon. ............, Judge [or, Surrogate] of said court:
Your undersigned petitioner complains and alleges:

That your petitioner is a competent person over the age of
years; that on the
day of ............, 19...., one

died at

............

....., in the County of............ in the State of............; and said decedent was an actual bona-fide resident of last said county at the time of his death [Or, show here any fact existing to give the court jurisdiction to probate the will].

That said decedent left h.... last will and testament in the custody of one who resides at..... .................................., in this said county of............, and said will is now in the possession of one who resides at... in this county.

That said............ has not yet delivered up said will to this court for the probate thereof.

That your petitioner is an interested party to the probate of said will in this, to wit

Your petitioner, therefore, prays that a citation be issued to compel the production of said will for probate.

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............

being duly sworn, on h.... oath says:

That he has read the statements contained in the above petition, and that the facts stated therein are, as affiant believes, true.

Affiant.

Subscribed in my presence and sworn to before me this day of ............, 19.....

[Title of Officer]

NOTE: Proceedings to compel the production of the will may be commenced upon the filing of the petition for its proof [See No. 15], in which last said petition the allegations in No. 9 may be included.

10. Citation to Third Party to Produce Will.

[Title.]

Now on this

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the court by .....

day of

.............., it being represented to

a person who appears to be interested in deceased, that the last will and testa

the estate of one.... ment of the said decedent is now in the custody of one in this county, who wrongfully fails to produce it to this court for probate, it is, therefore, ordered by the court that a citation issue to the said ...... requiring him to produce said will, if in his custody, before this court at once, for the purpose of proving the same, or requiring him to show cause in this court on the ...... day of...... 19...., at .... o'clock, M., why he fails to produce said will.

[Signature of judge or surrogate]

11. Order for Attachment when Citation is Disobeyed.

[Title.]

Now on this ......... day of..... ............., 19...., it appearing to the court that............ has heretofore been duly served with a citation issued herein commanding him to produce in this court the last will and testament of..... deceased, which command the said ............ has failed to obey, it is, therefore, ordered by the court that a warrant [or, attachment] issue, forthwith, to the Sheriff of this county, commanding him to arrest the said and bring him before this court to answer for his said refusal and neglect, and to show cause as required in said citation.

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[Signature of judge or surrogate]

12. Attachment to Enforce Production of Will.

[Title.]

The People of the State of County, Greeting:

at .......

to the Sheriff of said

Whereas, it appears that the last will and testament of ........ deceased, late of this county, is now in the possession of one and last named person fails and refuses to deliver up said will to this court for the purpose of proving the same in the manner provided by law, I, therefore, now command you to attach the body of the said and bring him, forth. with, before this court to show cause, if any, why he should not be fined and imprisoned for such failure and refusal; and you, the said Sheriff, shall make due return hereof.

Witness my hand and official seal, at my office in said county, this day of..... 19.....

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[Signature and seal of officer]

13. Order for Imprisonment for Refusal to Produce Will.

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in custody of the Sheriff under the attachment [or, warrant] heretofore issued for the body of the said ............; and, thereupon, the court proceeds to examine last named person (and others) concerning the refusal of the said to produce in this court the last will and testament of ............, deceased, for probate, in obedience to the citation heretofore issued to him in this cause, and the court being duly advised in the premises, finds that the said ...... .... has been, and still is, guilty of so refusing without reasonable cause; it is, therefore, ordered by the court that the said .............. be, and is, committed to the jail of this county, there to be confined until he shall cause said will to be produced, or until released by further order of the court. Let commitment issue.

[Signature of judge or surrogate]

14. Order Discharging Prisoner when Will is Produced.

[Title.]

day of.....

19...., came one

in

Now on this custody of the Sheriff, and it appearing from the record and other evidence in this cause that the last will and testament of the decedent, ............, has been produced and filed in this court for probate, and the court being fully advised in the premises, it is now ordered that, upon the payment of all costs of this proceeding, the said............ be discharged from imprisonment and released from custody under the order of this court made on the day of, 19..... Let discharge issue.

[Signature of judge or surrogate]

ARTICLE III. PROBATE OF WILLS.

15. General Petition for Probate of Will. State of...., County of ............, ss:

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In the Matter of the Estate of............, Deceased.

To the Hon............, Judge [or, Surrogate] of said Court:
Your undersigned petitioners do respectfully allege:

That

on or about the

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departed this life at in this said County ..... day of............, 19....,

That said............, at the time of h.... death was a resident of the said County of and ....he left estate consisting of

............

real and personal property in said County, the general character, description and probable value of which are as follows:

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That said decedent left a will bearing date on or about the day of, 19...., which will is now in the possession, and said will is, as your peti

or control, of..... at tioners verily believe, the last will and testament of the said decedent, and the same is herewith presented for probate.

[Or,

if the will cannot be presented with the petition, allege that fact and the relative circumstances.]

That, the person named in said will as execut........ thereof, resides at ..... and consents to act as such execut....

[or, refuses to act, etc.]

That the names, ages, relationships and residences of the heirs, devisees and legatees, respectively, known to your petitioner, are as follows:

Names

Ages

Relationships

Residences

[If some of the heirs and legatees are unknown to petitioners, state that fact here.]

[If it be necessary to compel some third party to produce the will, allege, in substance, the facts in No. 9.]

Your petitioner, therefore, prays that a day be fixed for hearing this petition, that notice thereof be given as required by law, and that, upon the final hearing, said will be established and recorded.

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To the Hon. ............, judge [or, Surrogate] of said Court:
Your undersigned petitioners do respectfully allege:

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19....; that at the time of his death he was a resident ...... in the State of............; and he then'

of the County of

left certain estate, the general character, description, location and probable value of which is as follows:

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.... dollars

That the annual rents, issues and profits arising from said real estate does not exceed the probable value of [$............].

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was

That, immediately preceding his death, the said engaged in actual military service in Co. ............., Regiment of ............. etc. [Or, was doing duty in the navy of the United States at sea on board of Ship, ...... ................................, etc.]; and said decedent was then in actual contemplation, fear or peril of death (or was then in expectation of immediate death from an injury he received on the day he made the will hereinafter mentioned. [Or, here show some other condition which would justify decedent in making his nuncupative will under particular statutes.] That said decedent, on the ............. day of ............, 19...., made his nuncupative last will and testament; that the words of said will were spoken in the presence of ............ who now resides at ............, and in the presence of ............ who now resides at said persons having been asked by the testator at the time said will was made to bear witness thereto; and immediately after said will was made the same was reduced to writing by said witness, .... and then he and the other witness, attested the same by their signatures. The will is herewith presented for probate.

.....

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