said, and to include such payment, when made, in his next current account, as a charge against the estate.

[Signature of judge or surrogate.]

ARTICLE XVI. DIVIDENDS IN INSOLVENT ESTATES.

335. Suggestion That Estate is Insolvent.

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, ; and on the

........

...... day of

19...., he filed herein his current account of the administration of the estate to that date, which account the court approved and confirmed on the .......... day of..., 19...., from which it appears that the claims allowed against the estate and unpaid amount to the sum of $..........., and that the whole amount of property, rights and credits belonging to said estate amount to the sum of $............. This is the condition of the estate at the present time. And the debts, expenses and charges of administration that will or may accrue from the date of last said report to the end of the term of the administration of the estate are estimated by your petitioner at the sum of $.. .... Said estate appears, therefore, to be insolvent.

Wherefore your petitioner prays that a day be fixed for hearing this report and petition, that upon the hearing said estate be declared insolvent, and that the court make such other and further order in the premises as it may deem proper.

[Signature of executor or administrator.]

336. Order Declaring Estate Insolvent.

[Title.]

Now on this............ day of ......, 19...., this cause comes onl to be heard on the statement filed herein on the day of

......

19...., by ............, the administrator of the estate [or, the exectuor, etc.,] of the said decedent, .............. alleging that the estate is insolvent; and the court being satisfied, from due examination and proof, that notice of the filing of said statement and of the day set to hear and determine the same, has been given to the creditors and other persons interested in the estate in all respects as required by law, and the court being now sufficiently advised concerning the condition of said estate, and it appearing that the same is insolvent, there not being sufficient assets with which to pay the just indebtedness thereof,

It is, therefore, ordered by the court that said estate be, and is hereby declared insolvent, and that this order be entered of record herein.

[Signature of judge or surrogate.]

337. Order Appointing Commissioners to Adjust Claims.

[Title.]

[As in No. 336 to, and continue:]

It is further ordered by the court that

and

be, and they are hereby appointed commissioners to receive and examine all claims of creditors against said estate, and to return to the court a list of all claims laid before them, with the sum they shall allow on each; and, further, that said commissioners give notice of the times and places of their meetings, oy publication in some newspaper of general circulation in the county of

And now come the parties above named, and are duly sworn as such commissioners.

[Signature of judge or surrogate.]

338. Petition for Order to Allow Additional Time for Commissioners to Adjust Claims.

[Title.]

To the Hon.

of said Court:

Your petitioner undersigned respectfully shows:

That he is interested in the estate of the said decedent, in this, to wit,

That, for the following reasons, to wit, ..... ..., it is necessary for the creditors of said estate to have at least............ months time hereafter to present their claims to the commissioners heretofore appointed herein to adjust said claims in the manner provided by law.

Wherefore your petitioner prays for an order allowing further time to said creditors to so present their claims, and allowing to said commissioners further time to adjust and report upon said claims.

19.....

[Signature of petitioner.]

Subscribed and sworn to before me this

............ day of

[Signature, title and seal of magistrate.]

339. Order Allowing Commissioners Additional Time to Adjust

Claims.
[Title.]

Now on this............ day of ............, 19...., on motion of and for good cause shown, it is ordered by the court that further time, until the day of, 19...., be, and the same is hereby granted to the creditors of the estate to present their claims to the commissioners heretofore appointed in the insolvency proceedings herein, and such further time is hereby allowed to said commissioners to adjust and report upon said claims. [Signature of judge or surrogate.]

340. Petition for Leave to Prosecute Appeal from Commissioners' Order.

[See Art. xxiv, Appeals, Note, P. 278.]

341. Order, on Petition, Allowing Appeal.

[See Art. xxiv, Appeals, Note, P. 278.]

342. Arder Allowing or Disallowing Claim, on Appeal from Commissioners.

[See Art. xxiv, Appeals, Note, P. 278.]

343. Report of Commissioners on Insolvent Estate.

We, the undersigned commissioners who were appointed by the order of the court in the above entitled matter to receive and examine all the claims of creditors against said estate, and to return to the court a list of all claims laid before them, with the sum they shall allow on each claim, respectfully report:

That in pursuance of said order we caused notice of the time and place of holding our meeting for the purposes aforesaid to be published in the, a newspaper printed and published and of a general circulation in the county of State of

.....

for the time required in such cases next prior to the time fixed for the hearing, the proof of such publication being filed herewith; and at the time and place specified in said notice, after being first duly sworn, we entered upon the discharge of our said duties; that, thereupon, we fully examined all the accounts or claims presented by creditors against the said estate, and heard and duly considered all the evidence adduced in support thereof as well as the evidence against the same; and, after being duly advised in the premises, we find that the following

named creditors hold unpaid claims against the estate in the sums. set opposite their names, respectively, in the schedule below; that all the claims allowed against said estate amount to $............; that the costs and expenses of administration amount to $............; that the balance of the assets in the hands of the administrator [or, executor] of the estate, approximate the sum of $............ ; that said balance will be sufficient for the payment of the whole of the claims in classes ................. and ............................., and for the payment of a dividend at the rate of ...... per cent on the claims in class ............., the dividends due to said creditors being set opposite their names, respectively, and being of the classes, respectively, as indicated in the following schedule:

Schedule.

(Claims listed in the order of their priority as classed by law.)

It is, therefore, ordered by your undersigned commissioners that the above named creditors of said estate be, and are, allowed their claims, respectively, in the amounts aforesaid; and we respectfully ask that an order be made by the court confirming this report and directing the administrator [or, executor] of the estate to pay over the balance of the assets in his hands (excepting the expenses of administration) to the said creditors, paying to each one in classes ............ and ............ his claim in full, and paying to each one in class No...... his dividend as above stated.

Respectfully submitted this

[Attach fee bill.]

day of...

[Signatures of commissioners.]

19.....

I. P. F.-—13

344. Order Authorizing Administrator to Act in Place of Com

missioners.

[Title.]

[As in No. 336 to *, and continue:]

And the court not deeming it necessary to appoint commissioners, the administrator of the estate [or, the executor, etc.,] of the said decedent, is hereby authorized, in place of such commissioners to receive and examine all claims of creditors against said estate, and to return to the court a list of all claims laid before him, with the sum he shall allow on each. And it is ordered that he give notice of the times and places of his meetings, by publication in some newspaper of general circulation in the county of

[Signature of judge or surrogate.]

ARTICLE XVII. PAYMENT OF CLAIMS.

345. Petition for Payment of Dividends in Insolvent Estate. [Title.]

Your petitioner undersigned respectfully shows:

That he is interested in the distribution of the personal property of said estate and in the payment of the debts thereof, in this, to wit,

That on the............. day of ............., 19...., this court entered an order herein to the effect that due and legal notice to the credi tors holding claims against the said decedent and his estate, had been given by the administrator [or, executor] thereof, for the time and in the manner required by law; and, thereafter, on the day of ............, 19...., the said administrator [or, executor] filed herein his current account showing that the claims allowed against said estate amount to ............ dollars ($............), and that the costs and expenses of administration amount to ............. dollars ($............), which account was by this court approved and confirmed; * and, later, on the ............ day of 19...., this court entered a decree herein to the effect that said estate is insolvent.

Wherefore your petitioner prays that an order be made by this court directing the said administrator [or, executor] to pay over the balance of the assets in his hands (excepting the expenses of administration) to the creditors of said estate, paying