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thereon at the rate of per centum, per annum, from the day of, 19..., and the finding and judgment of said referee confirmed.

It is, therefore, adjudged by the court that the report of the referee be and is hereby confirmed; that the aforesaid claim be and is hereby allowed [or, disallowed] in the said sum of $.......... with interest as aforesaid; that the administrator of the estate [or, the executor of the last will and testament] of said decedent pay, in the due course of the administration of said estate, the amount so ascertained to be due on said claim; and that the costs of this special proceeding of reference, taxed in the sum of $............, be paid by

[Signature of judge or surrogate.]

212. Motion to Set Aside Report of Referee.

[Title.]

To the Hon.

of said Court:

of

Your petitioner undersigned respectfully alleges:

That he is interested in the said estate of the decedent,

in this, to wit,

That the report of the referee,

to whom the claim

in the sum of $.., against the said estate, has been referred, ought to be set aside for the following reasons, to

wit,

Wherefore your petitioner prays that said report be, by the court, set aside and held for naught.

[Name of petitioner.] [Signature of attorney for petitioner.]

213. Order on Motion to Set Aside Report.

.....

[Title.]

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Now, on this ............ day of ..... 19...., this matter comes on to be heard on the motion of to set aside the report of the referee,, to whom, by agreement of parties, the claim of in the sum of $............ against the said estate of the decedent, ............, had been referred, and the court being duly advised in the premises finds that said report ought [or, ought not] to be set aside. It is, therefore, ordered by the court that said report be, and is hereby set aside and held for naught, and that the matter be referred, upon the terms and conditions of the former reference, to, who is hereby directed to make due report of his finding to this court. [Or, it is, therefore, ad

judged by the court that the report of the referee be and is hereby confirmed, etc., as in No. 211.]

[Signature of judge or surrogate.]

214. Order Allowing Special Claim.

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19...., comes

[Title.] Now, on this ............. day of... ..., the administrator of the estate [or, the executor of the last will and testament] of............. the above named decedent, and presents to this court proof of the service of notice of the hearing of his claim upon all parties interested, as required by law and the former order of this court; and the court being duly advised in the premises, said proof and service are hereby found to have been properly and legally made, and are therefore approved. And, upon hearing of the evidence, the court finds said claim to be valid and correct, and does therefore allow the same against the said estate, in the sum of dollars with interest at the rate of per centum, per annum, from the

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day of............, 19...., and does order the administrator [or, executor] to pay, in the due course of the administration of said estate, said claim.

[Signature of judge or surrogate.]

215. Clerk's Certificate of Allowance.

........

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I, .........., Clerk of the .... court of the County of.. in the State of..... ...., do hereby certify that on the ..... day of 19...., the claim of .............. against the estate of............, deceased, was allowed for the sum of ............ dollars ($............), in Class No............., and the same is to be paid in the due course of administration.

Witness my hand and official seal at

day of............, 19.....

this

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The undersigned administrator of the estate [or, the executor of the last will and testament] of the said decedent, ............, respectfully shows:

That due and legal notice to the creditors of said estate, to present their claims for allowance, has been given.

That the following is a correct statement of the claims which have been allowed for payment out of the assets of said estate, and the following schedule presents the names of the claimants, the nature of the claims, the amounts claimed, the amounts allowed, and the classes of the claims, respectively:

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That the other debts outstanding against said decedent, on claims either not due (and recorded as liens) or contingent, as far as the same can be ascertained or estimated, are shown in the following schedule:

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That the amount due and unpaid on the family allowance, together with the amount to accrue thereon during the admiistration of the estate, is the sum of ............ dollars ($................................), of Class

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

That the amount due and unpaid on the debts, expenses and charges of administration, together with the amount to accrue thereon, is the sum of ..... dollars ($............), of Class

That the amount or value of personal property now remaining in my hands, as assets of the estate, and not set apart or disposed of, by order of the court, on obligations other than those above stated, is the sum of ............ dollars ($............).

That the real property (except the homestead. and free of dower) of which the said decedent died seized or possessed, or in

which he had any interest, and the condition and value thereof, are as shown in the general inventory and appraisement of the estate, to wit, the value of ............ dollars ($............).

That the total resources of said estate, estimated on the foregoing statements, amount to the sum of dollars

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

That the total liabilities of said estate, estimated on the foregoing statements, amount to the sum of ........ dollars ($............).

Said estate is, therefore, solvent.

Wherefore, the undersigned administrator [or, executor] prays that some certain time be appointed for hearing this application, and notice thereof given as required by law, and that upon the hearing hereof, an order be made by the court authorizing the undersigned to pay the aforesaid allowed claims, together with all municipal taxes due on the estate (and such of the secured claims not due as the court may allow at the time of the hearing).

[Signature of administrator or executor.]

[Verification, as in No. 9.]

NOTE: For other forms relating to payment of claims, see Article xvii, Nos. 345 to 353, inclusive.

ARTICLE IX. ADJUSTMENT OF CHOSES IN ACTION. 217. Suggestion of Desperate Claims.

[Title.]

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of said Court:

............9

To the Hon. The undersigned administrator of the estate [or, the executor of the last will and testament] of the said decedent, suggests and makes known to the court that the claims, debis and demands belonging to said estate, which accrued in the lifetime of said decedent and which are set forth in the following schedule, are desperate, for the reasons stated below:

Names of debtors

to estate

Nature of
debts

Amounts
claimed

Why desperate

And the undersigned further states that he has made all necessary efforts to collect said demands and he is unable to col

lect the same in full. The following of the above named debtors have offered to pay, in full settlement of the said demands against them, the amounts set opposite their names, respectively, viz: It appears that legal proceedings to collect said debts would be unavailing and that the best interests of the estate would be promoted by compounding or selling the same.

Therefore, the undersigned will apply to this court at the next........... term thereof, for leave to compound or sell all the desperate claims, debts and demands whatsoever due to the said estate, due notice of which has been given in the manner required by law, to all parties interested.

[Signature of executor or administrator.]

218. Petition to Compound Desperate Claims Due the Estate. [Title.]

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The undersigned administrator of the estate [or, the executor of the last will and testament] of the said decedent, ............ respectfully shows that he has given notice of his intended application, to the court, at this term, for an order to sell or compound all desperate claims, debts and demands belonging to said estate, as will appear by the publication of said notice, proof whereof is herewith filed.

Wherefore, the undersigned prays that all the said debts, claims and demands, mentioned in the schedule and suggestions, heretofore filed in this court, be compounded in the manner provided by law, if a compromise settlement can be had thereon, and that such of the debts as cannot be compounded be sold in the manner provided by law.

[Signature of administrator or executor.]

NOTE: See, also Art. xiii relating to sales of personalty.

219. Order Authorizing Compounding.

[Title.]

Now, on this ............ day of ..... day of, 19...., on application of the administrator of the estate [or, the executor of the last will and testament] of the said decedent, ............, due notice thereof having been given, and proof being made that the debts owing to the estate by ..... and ............, are desperate, for the following reasons, to wit,* [specify the causes for compounding each claim as specified by law], it is ordered by the court that the said administrator [or, executor] be, and is hereby authorized to compound each of said debts in the following manner, to wit:

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