said petition be given by [state the notice required by the court, and that the same was given for the time and in the manner required]; And whereas, on the day of..., 19...., A. D., said court having heard and duly considered said petition and the evidence pertaining thereto, and being satisfied that the said purchaser,...----9 is entitled to a conveyance under the aforesaid contract of the realty therein described, duly ordered that, upon the payment by said purchaser to the administrator of the estate [or, to the executor (or executors), etc.] of the said decedent, ............, of the sum of ....... dollars ($............), the balance due to the estate of said decedent under said contract, the said administrator [or, executor] make and execute a good and valid conveyance to the said ..... of the real estate described in said contract and hereinafter mentioned; And, whereas, in pursuance of last said order of the court, the said paid to the said administrator [or, executor] the said sum of............ dollars due as aforesaid on said contract. ..... Now, therefore, I, the said ............, administrator of the estate [or, the executor (or executors), etc.] of the said decedent, [etc., concluding as in No. 299]. [Signature of Administrator or executors.] 306. Deed Executed by Authority of the Will. This deed, made this ...... day of .........................., 19...., A. D., between ..... and ................................, executors of the last will and testment of............, deceased, late of ............, in the County of............, State of the first part, and of the second part, wit of .... nesseth: That, whereas, the said, by his last will and testament, dated the ............. day of ............, 19...., authorized and empowered the executors thereof to sell and dispose of all or any of the real estate of which said decedent died seized or possessed, at public or private sale, at such times and on such terms and conditions as said executors shall deem meet or proper, and to execute and acknowledge and deliver all proper writings, deeds of conveyance and transfers therefor; Now, therefore, by virtue of the power and authority to them given in and by the said last will and testament, and in consideration of the sum of dollars ($............), to them paid by said party of the second part, the receipt whereof is hereby acknowledged, said parties of the first do, by these presents, grant, bargain, sell, remise, release, alien, convey and confirm, unto the said party of the second part, and to his heirs and assigns, forever, all the following described tract...., piece.... and parcel.... of land, situate, lying and being in the County of State of, to wit, [describe realty to be conveyed], together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining; and also all the estate, right, title, interest, property, possession, claim and demand whatsoever, which the said testator had in his lifetime, and at the time of his decease, and which the said parties of the first part, or either of them, have, by virtue of the said last will and testament, or otherwise, of, in, or to the above described and granted premises, and of every part and parcel thereof, with the appurtenances. To have and to hold the same unto the said party of the second part, his heirs and assigns, forever.* [See No. 309.] And the said parties of the first part, for themselves, their heirs, executors and administrators, do covenant, promise and undertake to and with the said party of the second part, his heirs and assigns, that they are lawfully the executors of the last will and testament of the said decedent, ............, and have power to convey as aforesaid, and have in all respects acted, in making this conveyance, in pursuance of the authority granted in and by the said last will and testament; and that they have not made, done or suffered any act, matter or thing whatsoever, since they were executors as aforesaid, whereby the above granted premises, or any part thereof, are, shall or may be impeached, charged or incumbered, in any manner whatsoever. In witness whereof we have hereunto set our hands, at the day and year first above written. [Signatures of executors.] [Add acknowledgment as in No. 299.] [Attach, also, a certified copy of the order of the court in confirmation of the sale under the deed.] 307. Return on Conveyance Made by Authority of Will. Your petitioners undersigned respectfully show: That they are now, and were at the time of the making of the deed hereinafter mentioned, the duly appointed, qualified and acting executors of the last will and testament of the said decedent, That on the ............. day of ............, 19..., by virtue of the power and authority to them given in said will, and in consideration of the sum of $............ as stated in said deed, they executed to a deed of conveyance of the following described real estate, to wit, [describe the premises mentioned in the deed, a copy of which deed is hereto attached and made a part of this report, which deed is brought into court and presented herewith for confirmation and approval. Wherefore your petitioners respectfully ask that an order be made by the court approving and confirming said deed and the sale made thereunder; and that a certified copy of said order be made and attached to said deed. [Signatures of executors.] 308. Order Confirming Sale Made under Will. ..... [Title.] Now on this day of ............, 19...., the same being one of the regular days of the........ term, A. D., 19...., of said court, this cause came on for hearing on the return of the report of executor.... of the last will and testament of the said decedent, ............, showing that on the............ day of ... ....., 19...., ....he.... executed a deed of conveyance of the lands left by said decedent, situate in the County of, State of............, described as follows, to wit, [describe], in accordance with the power contained in said will, and for the consideration mentioned in said deed. And the said deed of conveyance, presented for approval and for the confirmation of the sale made by virtue thereof, and shown by the report of said executors, having been fully examined by this Court, the said deed is hereby approved and the sale thereby made is hereby confirmed by the court. [Signature of judge or surrogate.] 309. Deed of Executors Conveying under the Will. (Another form, with covenants in severalty.) [As in No. 306 to *, and conclude as follows:] And the said parties of the first part, each for himself, his heirs, executors and administrators, does severally, and not jointly, nor the one for the other, nor for the act or deed of the other, but each for his own acts only, covenants, promises and agrees to and with the party of the second part, that he is lawfully the executor of the last will and testament of the said decedent, and has power to convey as aforesaid, and has in all reI. P. F.-12 spects acted, in making this conveyance, in pursuance of the authority granted in and by the said last will and testament, and that he has not made, done or suffered any act, matter or thing whatsoever, since he was executor as aforesaid, whereby the above granted premises, or any part thereof, are, shall or may be impeached, charged, or incumbered, in any matter whatsoever. [Signatures of executors.] [Add acknowledgment as in No. 299.] ARTICLE XV. CURRENT ACCOUNTS. 310. Petition for an Accounting by Resident Executor. [Title.] To the Hon. of said Court: Your petitioners undersigned respectfully show: That each of your petitioners has a legal right to and is seized in fee simple (or, are absolute owners) of an undivided part of the residue of the real and personal estate of said decedent. That it is necessary and proper at this time for ..... ............, the administrator of the estate [or, the executor, etc.] of the said decedent,............, to render an exhibit and account, under oath, showing the amount of money received, the amount expended, the names of the persons holding claims against the estate, the amount of all the claims allowed and paid, and all other matters necessary to show the financial condition of the estate. That your petitioners are reliably informed, and believe, that the necessary expenses of funeral, of last sickness of said deceased, and of administration of said estate to date, together with all other debts existing against said deceased, or allowed by the court, pursuant to law, have been fully paid and satisfied; and your petitioners, therefore, desire to have said account settled and approved by the court, so they may proceed to have their respective interests in said estate determined subject there. to.* Wherefore your petitioners pray that said administrator [or, executor] be required to appear at some day during the present term of said court and render an account as aforesaid. [Names of petitioners.] [Signatures of attorney for petitioners.] 311. Petition for an Accounting by Foreign Executor. [As in No. 310 to *, and continue:] That the said administrator [or, executor] is a non-resident of this State of, he being a resident of at No. of the County of State of, and he has refused to file in said court an account as aforesaid, upon due demand made of him for the same by your petitioners. Wherefore your petitioners pray [etc., as in No. 310]. [Signature of attorney, and names of petitioners.] 312. Citation for Current Account. ing: [Title.] The State of... To the Sheriff of said County, Greet Whereas, on the ......... day of ......., 19...., a petition was filed in the above named court, in the above entitled matter, by who are interested in said estate in this, to ....... and ...... wit, ...... .........................., asking that the administrator of the estate [or, the executor, etc.] of the said decedent,, be required to file a current account herein showing the present financial condition of said estate; and whereas, upon an inspection of the records herein, it appears that more than ............. months have elapsed since letters of ............ herein were granted to the said ...... and that the said administrator [or, executor] has not filed herein an account within the period of time prescribed by law, but fails and neglects so to do; ...... .... Now, therefore, you (the said Sheriff) are hereby commanded to cite the said ............, as such administrator [or, executor], to be and appear before this court, at the ......... court room in the court house in .... in said county, on the ..... day of ........................., 19...., at o'clock, M., then and there to answer for such neglect, and to show cause why he should not be removed and his said letters revoked; and to further abide the order of the court hereinafter made in the premises, under pain of the law and contempt thereof; and hereof make due service and return. Witness my hand and the seal of said court, at [Signature and seal of judge or surrogate.] 313. Attachment to Enforce Accounting. [Title.] this The State of.... ing: |