the following is a copy: [Here insert copy of the note]: Now, it said party of the first part shall pay or cause to be paid to said party of the second part, his heirs or assigns, said sum of money in the above described note mentioned, together with the interest thereon, according to the terms and tenor of the same, then these presents shall be wholly discharged and void; but otherwise shall remain in full force and effect. And if said sum of money, or any part thereof, or any interest thereon, is not paid when the same is due, and if the taxes and assessments of every nature which are or may be assessed and levied against said premises, or any part thereof, are not paid when the same are by law made due and payable, then the whole of said sum of money, and interest thereon, shall become due and payable hereunder, and said party of the second part shall be entitled to take possession of said premises. In witness whereof, the said party of the first part, as such administrator [or, executor] has hereunto set his hand, the day and year first above written. [Signature of administrator or executor.] [Attach certificate of acknowledgment, as in No. 6.] 247. Order Approving Executed Mortgage. I, the undersigned, ........ of the Court of the County of ............. in the State of, do, on this ............ day of 19...., hereby approve the attached and foregoing mortgage. [Signature and seal of judge or surrogate.] ARTICLE XIII. SALES OF PERSONAL PROPERTY. 248. Petition to Sell Perishable Property. Your petitioner undersigned respectfully shows: That he is the administrator of the estate [or, the executor, etc.] of the said decedent, That there is certain perishable property, and other personalty, which is likely to depreciate in value, if not soon disposed of, and which will incur loss and expense by being kept, all of which belongs to said estate, the nature, character and description of said personalty being as follows: [Here describe the separate articles of property.] And the best interests of all the beneficiaries of said estate will be subserved by an immediate sale of said property. I. P. F.-10 Wherefore, your petitioner prays that he be permitted and authorized by order of said court, to sell at public or private sale, without notice, the personal property above mentioned and described. 19..... ............ 19..... Respectfully submitted this.... .... day of.... [Signature, title and seal of magistrate.] 249. Petition to Sell General Personalty. [Title.] To the Hon. of said Court: Your petitioner undersigned respectfully shows: That he is the administrator of the estate [or, the executor, etc.] of the said decedent, That the total appraised value, as fixed by the appraisers of the personal property of said estate, now remaining in the hands. of said administrator [or, executor], as assets, and not set apart, or otherwise disposed of by order of said court, is the sum of ..... dollars ($................................). That the debts now outstanding, to be paid from the assets of the estate, as far as the same can be ascertained or estimated, amount to about the sum of............ dollars ($...................................). That the amount which will accrue upon the family allowance from this time to the end of the first year of the administration of the estate, together with the amount now due and unpaid on the allowance, amounts to the sum of dollars ($............). That the debts, expenses, and charges of administration of the estate will probably amount to the sum of dollars ($............). ............ That it will be for the best interests of all the beneficiaries of said estate to have the following part of said personalty sold and converted into money, viz: [Here describe the property to be sold.] And it is necessary to sell last said described property for the purpose of applying the proceeds toward the payment of the family allowance, the expenses of administration (and the aforesaid general debts). Wherefore, your petitioner prays that some certain time be appointed for hearing this application, and notice thereof given, as required by law, and upon the final hearing hereof, that an order be made by the court authorizing and directing your petitioner to sell last said personal property at ......... sale. 19..... Dated this............ day of ............, 19..... [Signature of administrator or executor.] Subscribed and sworn to before me this............ day of..... [Signature, title and seal of magistrate.] 250. Petition to Sell Desperate Claims. [Formulate from No. 218.] 251. Order for Hearing Petition for Sale of Personal Property. [Title.] Now, on this day of.... 19...., a petition having been filed herein by, the administrator of the estate [or, the executor, etc.] of the said decedent, ..........., praying for an order of sale of certain personal property belonging to said estate, it is ordered and adjudged by the court that the day of ............, 19........ (................................), at the hour of ............ o'clock of said day, be and the same is hereby fixed as the time when all persons interested in said estate are required to appear before this court, at ............ in said county, and show cause, if any, why an order of sale should not be granted as prayed for in said. petition. It is further ordered by the court that notice of the time and place of hearing said application, as fixed herein, be given to all persons interested in said estate by [setting out the manner of service], at least days prior to the day set for hearing said application. [Signature of judge or surrogate.] 252. Notice of Hearing Petition for Sale of Personal Property. [Use certified copy of No. 251.] 253. Order for Sale of Chattels. [Title.] Now, on this............ day of ..... 19...., this matter comes on to be heard upon the petition of..., the administrator of the estate [or, the executor, etc.] of said decedent, ..... filed herein on the.... day of..... ...., 19...., for an order of sale of certain of the personal property of the estate; and, it appearing to the court that notice according to law has been given to all persons interested in said estate, of the time and place of hearing said application, and no objections appearing thereto, the court finds from the evidence that the material allegations of said petition are true, and the best interests of the beneficiaries of said estate will be subserved by a sale of such personalty. It is, therefore, ordered by the court that the said adminis. trator [or, executor] be, and he is hereby authorized to sell for cash, at public auction, after giving at least ...... days public notice of the time, place and terms of sale and a brief description of the property to be sold, by [state manner of serving or posting notices] the personal property mentioned in said petition, and described as follows: [Describe the several articles of personalty to be sold.] And it is further ordered that said sale be made at a public place in said county, and that said property be had and presented at the time and place of said sale for the inspection of all persons attending then and there as prospective purchasers. And it is further ordered that said administrator make return of his proceedings hereunder on or before the ........... day [As in No. 219 to, and continue:] It is, therefore, ordered by the court that [etc., as in No. 253, excepting that the words "property" and "personal prop. erty" be substituted by the words "desperate claims']. 255. Order for Sale of Partnership Property. [Title.] ............ ....... ........ the Now on this ......... day of ........, 19...., comes surviving partner of the said decedent, of the late firm of............, after an inventory and appraisement of the assets an·l liabilities of the firm had been appraised and filed herein in the manner provided by law, and, in open court, said surviving partner elects to take the said assets at their appraised value, viz., ...... dollars ($............), after first deducting the debts and liabilities, in the sum of ............. dollars ($............). And it appearing to the court that the executor [or, administrator] of the estate of said decedent consents thereto, and that the said partner, ............., tenders his promissory note therefor, according to the statute, with ...... and as sureties [or name any ............ other security], and also tenders his bond for the payment of the debts and liabilities of said firm, with ............ and .... as sureties, both of which sureties are approved by the court, it is, therefore, ordered by the court that the taking of said assets as aforesaid be, and the same is hereby approved. And it is further ordered that the said executor [or administrator] be, and he is hereby authorized and empowered to immediately transfer said personal property to the said partner, in consideration of the note, bond and sureties aforementioned; and, further, that, upon the payment of said notes and liabilities in full, said executor [or, administrator] duly account therefor. ..... [Signature of judge or surrogate.] NOTE: See, also, No. 257 and No. 352c. 256. Notice of Sale of Personal Property. tate: [Title.] The State of ............: To All Persons Interested in said Es ............ Notice is hereby given that, in pursuance of an order of the Court of the County of.........., of the State of..... made on the ............ day of ............, 19...., in the above entitled matter, the undersigned administrator of the estate [or, the executor, etc.] of said decedent, ............, will sell at public sale and auetion, to the highest bidder, for cash, on the ............ day of 19...., at the hour of in said County, the following described personal property, to wit: [Here describe the several articles of personalty to be sold.] o'clock, M., at .... Dated this ..... day of............, 19..... [Signature of administrator or executor.] 257. Partner's Election to Take Partnership Property. [Title.] To the Hon. of said Court: Your petitioner undersigned respectfully shows: That he is a member of the late firm of ............, a co-partnership of which the said decedent, ............, was, during his lifetime, a member; that said petitioner hereby offers and elects to take the assets of said firm at their appraised value, to wit, the sum of............................. dollars ($............) over and above the firm's debts and liabilities; that the undersigned hereby tenders his promissory note therefor, according to law, with ...... and ......... as sureties [or, name any other security], and also tenders his bond in the sum of $............, conditioned for the payment of the debts and liabilities of said firm, with ...... as sureties. and Wherefore your petitioner prays that said offer be accepted, that the sureties aforesaid be approved, and that the ad |