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ARTICLE VII. RESIDENT AGENT.

189. Motion for Appointment of Resident Agent.

[Title.]

To the Hon.

of said Court:

Your petitioner undersigned respectfully shows:

That who is the duly appointed and qualified executor of the last will and testament [or, the administrator of the estate] of the said decedent, resides permanently at

.... and is a non-resident of this State of..... ..; and the said executor [or, administrator] has never made and filed herein, as required by law, an appointment in writing of an agent residing in this said county of.... ............, upon whom legal process may be served with the same legal effect as if made upon the said executor [or, administrator] personally within this State of

Wherefore your petitioner prays for an order from this court to the effect that said executor [or, administrator] be required to forthwith make and file herein the appointment of his resident agent.

[Signature of petitioner.]

190. Order for Appointment of Resident Agent.

[Title.]

Now, on this

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

...... day of

......

........., 19...., this matter comes on to be heard on the motion of ............, for an order requiring ..., the executor of the last will and testament [or, the administrator of the estate] of the said decedent, ..., to make and file herein the appointment of his resident agent, as required by law; and the court being duly advised in the premises finds that said............ resides permanently at resides permanently at, and is a non-resident of this State of ................................, and that he has never made and filed herein an appointment in writing of an agent residing in this said county of upon whom legal process may be served with the same effect as if made upon the said executor [or, administrator] personally within this State of

It is, therefore, ordered by the court that the said

as such executor [or, administrator] forthwith make and file here. in his appointment in writing of an agent, as aforesaid, residing in this county of, together with the written consent and acceptance of the agent under the appointment.

It is further ordered that the Clerk of this court forthwith deliver to the said a certified copy of this order.

[Signature of judge or surrogate.]

191. Writ of Appointment of Resident Agent.

[Title.]

Know all men by these presents, That I, the undersigned executor of the last will and testament [or, administrator of the estate] of the said decedent,, do, by these presents, make, constitute and appoint ....... who resides at ............ in the county of ............ in the State of .................................., my lawful agent to receive in my stead service of any legal process against me as the executor [or, administrator] aforesaid; and I do hereby agree that the service of any legal process upon my said agent shall have the same legal effect as if made upon me personally within the aforesaid State of

And I do hereby certify that at this time I am an actual bona fide resident of................ in the county of............ in the State of

In witness whereof I have hereunto set my hand this day of ............, 19.....

[Signature of executor or administrator.] [Certificate of acknowledgment, as in No. 6.]

192. Acceptance of Appointment, by Agent.

[Title.]

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Know all men by these presents, that I, ............................... of ............................ in the said county of ....... and State of............, do hereby consent to be appointed, and I do hereby accept the foregoing and attached appointment made of me, as the resident agent of.............. the executor of the last will and testament [or, the administrator of the estate] of the said decedent,, the last said being a non-resident of this State of............, the purpose of the agency being that the service of any legal process made on me shall have the same effect as if made upon the said executor [or, administrator] personally in my said State.

In witness whereof I have hereunto set my hand this day of ............, 19.....

[Signature of agent.]

[Certificate of acknowledgment as in No. 6.]

ARTICLE VIII. ADJUSTMENT OF CREDITOR'S CLAIMS. 193. Notice to Creditors.

[Title.]

Public notice is hereby given that, the undersigned, is the duly appointed, qualified and acting administrator of the estate [or, the executor of the last will and testament] of the

said decedent, * And all persons having claims against said decedent are required to present the same, stated and verified in the manner required by law, to the undersigned administrator [or, executor], at ............, or with ... .......... the attorney of the undersigned..........., at ......., within ..... .... months of the date hereof, or the same will be forever barred. Witness my hand at ............, this ........... day of...... [Name of executor or administrator.] [Signature of attorney for administrator.]

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19.....

194. Adjudication Notice.

[Title.]

[As in No. 193 to * and continue:]

.....

And notice is further given that on the day of, 19., at the hour of ...... o'clock, M., I shall attend before the above named court, in the above entitled matter, for the purpose of settling and adjusting all claims against the estate of the said decedent, ............, at which time and place all claimants are required to attend and present their claims in writing, verified as by law required, against said estate for adjustment.

All persons indebted to said estate are, also, notified to make payment to the undersigned without delay.

[Name of executor or administrator.] [Signature of attorney for administrator.]

195. Affidavit of Posting Notices.

State of..........., County of............, SS:

........

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being duly sworn, on his oath says that he did, on the day of............, 19...., post ..... notices, of which the attached and foregoing notice is a true copy, in the following places in this said county of.........., to wit: One at the front door of the court house; one at [etc., showing the several places where the notices were posted], all of which are in most public places in this county.

19.....

[Signature of affiant.] Subscribed and sworn to before me this ............ day of ................................,

[Signature, title and seal of magistrate.]

196. Proof of Publication of Notice.

[Formulate from No. 28.]

197. Verified Claim of General Creditor.

[Title.]

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being duly sworn, on his oath says that ....he knows of h.... own personal knowledge that the annexed account of against the estate of the decedent, ..., is just and unpaid, that no payments have been made thereon which are not credited, that there are no offsets to the same, and the said decedent is not otherwise indebted to the said claimant, to the knowledge of this affiant.

[Signature of affiant.]

day of

Subscribed and sworn to before me this

19.....

....

198.

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

[Signature, title and seal of magistrate.]

The annexed account was presented to me on the

day of ............, 19...., and the same was allowed [or, disallowed] by me on this

dollars ($...........).

day of....

19...., in the sum of

[Signature of executor or administrator.]

The annexed account was presented to me by the.......... of said estate, on the... day of ............, 19...., and the same was allowed [or, disallowed] by me on this

19...., in the sum of $.............

Filed for record this

day of

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[Signature of clerk or recording officer.]

[Entered in Class No. ......]

199. Notary's Certificate of Presentment of Claim.

State of ........, County of ................................, ss :

I, ............, a Notary Public within and for the County of ............ in the State of

I. P. F.-8

.....

do hereby certify that, at the

request of the claimant,

I did, on the ............ day of 19...., at ................................, present, personally, to ..... the administrator of the estate [or, the executor of the last will and testament] of deceased, an account in writing, duly verified, a copy of which is hereto attached, marked Exhibit A and made a part hereof, and then and there, on behalf of said claimant, I requested the said administrator [or, executor] to allow said account and indorse the same for payment as required by law, but the said administrator then and there refused to allow the same for the balance shown to be due thereon, to wit, the sum of dollars ($............). And, thereafter, on the day of... ............., 19...., at ..... , at the request of the said ..... I did personally present the said account to the Hon. judge [or, surrogate] of the court of said county of............, and then and there I requested the said judge [or, surrogate] to allow said account and indorse thereon his allowance in the manner required by law, but the said judge [or, surrogate] then and there refused to allow the same for the balance shown to be due thereon, to wit, the sum of ............ dollars ($.).

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In witness whereof I have hereunto set my hand and the seal of my office, this day of ............, 19.....

[Signature and seal of notary public.]

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And to the administrator of the estate [or, the executor of the last will and testament] of............, deceased:

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

I do hereby respectfully show that, at the time the said died, I was then, and am now, indebted to h.... in the sum of ............. dollars ($............), with interest at the rate of per centum, yearly, from the day of ............, 19...., on an obligation for ..... ................................, that I am unable to pay said debt in full for the following reason, to wit, ............, and I now offer to pay to the said administrator [or, executor], for said estate, the sum of $............ in consideration of my full discharge froin said obligation.

Respectfully submitted this

day of..... ...., 19..... [Signature of debtor.]

201. Claim of judgment Creditor, and Certificate of Judgment. [To the petition filed in the trial court, attach the journal entry of judgment and the following certificate:]

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