In witness whereof I have hereunto set my hand, at this [Signature of heir or legatee] [Attach certificate of acknowledgment, as in No. 6] 25. Return of Service of Notice on Resident Minors. ..... I, the undersigned, received this notice on the ............ day of 19....; and on the day of ............, 19...., at o'clock, ..... M., I served the same by delivering a true and certified copy thereof, with all the indorsements thereon, to the within named (a minor under the age of 14 years), in person, and by delivering a like copy hereof to ............., in person, last named party being the father [or, mother or, person having control of said infant...., or the person with whom said infant lives], ....he being the only person who can be found in my said county, other than said infant, upon whom legal service hereof can be made for said infant; and all of said service was made in my said county of ..... [Signature of sheriff, by his acting deputy, with signature of deputy, also.] [Itemized statement of fees.] 26. Affidavit to Obtain Service of Summons by Publication. [Title.] ......., being duly sworn according to law, says: That, on the day of, 19..., said affiant and filed in the above named court, in the above entitled matter,....h........ petition praying for the probate of an instrument of writing mentioned in, and filed with, said petition, as and for the last will and testament of the said ............, deceased, and that letters testamentary [or, letters of administration with the will annexed] issue to as execut........ [or, administrator, etc,] of said will; that the ............ day of ............, 19...., has been appointed by order of said court as the time for hearing and determining said petition; that the following named persons who are heirs at law, devisees or legatees of said decedent (or are otherwise interested in said estate) who have not yet entered their appearance in said matter, in relation to said petition, are, respectively, non-residents of the State of................, viz: ............ ; that all of last said parties are absent from this State of......... that service of summons in this cause cannot, with due dilligence, be made on last said parties and persons, or on any of them, within this State of..... .; that the last known places of residences of last said parties, respectively, are as follows: Names Cities Counties States That the places of residences of the following named person, respectively, named above, excepting said petitioners, are not known to this affiant and are not known to any of said petitioners, and the same cannot be ascertained by any means within the control of said affiant and of said petitioners, viz: [That there are certain persons interested in the estate of said decedent as h.... heirs at law, legatees or otherwise, who are unknown to affiant and to said petitioners, and such persons cannot be ascertained by any means within the control of said affiant and of said petitioners.] ............ That this is one of the cases prescribed by of the laws of this State in which service by publication may be had, and said petitioners wish to obtain service on the said other parties interested in said estate by publication. 19..... [Signature of affiant.] Subscribed and sworn to before me this............ day of [Signature and seal of magistrate] 27. Proof of Posting Notices. [Title.] State of............, County of ............, ss: ............. being duly sworn according to law says: I am a resident of the said County of............ in the State of indirectly, in the estate of the said decedent, On the day of ................................, 19...., at the request of, and in conformity with the former order of the above named court in the above entitled cause, I posted correct and true copies of the foregoing and attached notice in ............ of the most public places in said ............. County, to wit: One at ............, one at ............. one [Etc.] at [Signature of affiant] Subscribed and sworn to before me this ...... day of 19..... [Signature and seal of magistrate] [Attach this proof to No. 23] ..........., being duly sworn according to law, says: ...... I am the publisher [or, foreman, manager, etc,] of the a daily [or, weekly] newspaper printed in the County of in the State of Said newspaper has a general circulation in last said county; and the notice by publication, a copy of which is hereto attached, was published in this said paper for consecutive days [or, weeks], the first publication being on the ............ day of............, 19...., and the last day of publication being on the ............ day of .... 19..... [Signature of affiant] Subscribed and sworn to before me this............ day of ..... 19..... [Signature, title and seal of magistrate] [Attach copy of notice or summons] 29. Proof of Mailing Notices, Etc. [Title.] State of..........., County of ............, ss: being duly sworn according to law, says: I am an actual resident of the County and State first above mentioned. I am over the age of twenty-one years, and I have no interest, directly or indirectly in the estate of the said decedent, On the ............ day of ............., 19...., I deposited in the United State Postoffice at in last said County and State, true copies of the notice hereto attached, with postage prepaid on the envelopes containing the same, addressed to the following named persons at their last known postoffice addresses, respectively, as follows: And, further, affiant says ....he served the Notice hereto attached upon the following named persons by delivering to each of them, personally, a true copy of said notice with all the indorsements thereon, at the times, respectively, indicated below: Names of persons served Time of service [Signature of affiant] 19..... Subscribed and sworn to before me this............ day of [Signature, title and seal of magistrate] [Attach to Notice, No. 23] 30. Petition for Restraining Order Pending Hearing for Probate. [Title.] To the Hon. of said Court: Your undersigned petitioner respectfully alleges: That he is interested in the said estate of the said decedent, day of... in this, to wit, ..... ; that on the .... 19...., there was filed in this court, in the above entitled cause, a petition signed by ........, praying that the last will and testament of the said decedent,, be admitted to probte in this court and that letters testamentary thereon issue to.... after proper hearing and proof; that all the allegations of last said petition are true, and such petition is now pending before this court for hearing; that on the .......... day of ............. 19...., letters of administration [or, letters testamentary] were issued to ............. ; that the as the administrator [or, executor] of the estate of said decedent; that the said............, acting in the capacity of such administrator [or, executor] did, on the ...... day of ..... ................................, 19...., proceed in, and do, the following wrongful acts, to wit, said................................, still acting in the aforesaid capacity, now threatens to that said acts performed by......, and threatened by him to be performed, have been, and will be, injurious to the heirs, devisees and other persons interested in said estate; and your petitioner has no other adequate remedy for relief than that herein sought. Wherefore, your petitioner prays that the said ............ be, during the pendency of the hearing on the petition first aforementioned, restrained from ..........., and that your petitioner be granted all other proper relief in the premises. [Signature of petitioner] [Verification, as in No. 9] 31. Notice of Application for Restraining Order. [Title.] To ............: You are hereby notified that, on the 19...., at the.... ...... day of will make court room in the court house in the city of at the hour of ............ o'clock, M., or as soon thereafter as counsel may be heard, the undersigned, application to the Judge of the ............ court above named, or to the court itself, for an order restraining you, the said from.... at which last said time and place you can appear and show cause, if any, why said application should not be granted. [Signatures] attorney for ............. 32. Restraining Order. [Title.] Now, on this ............ day of ..... petition of day of, 19...., upon reading the filed herein, and upon hearing the evidence offered in relation thereto, the court, being duly advised in the premises, finds that said is entitled to the relief prayed for in such petition: It is, therefore, considered, ordered and adjudged by the court that the said ............ be, and is, hereby enjoined, restrained and debarred from ............, this order to be and ............ It is further ordered that all costs of this proceeding be taxed remain in full force and effect until modified or set aside by further order of the court. 33. Petition for Contest of Will in Answer to Petition for Pro bate Thereof. [Title.] To the Hon., of Said Court: Your undersigned petitioner respectfully alleges: That your said petitioner is a competent person, of legal age and is interested in the estate of the said decedent, this, to wit, ............ in That on the day of..., 19...., there was filed in this court, in the above entitled cause, a petition signed by praying for the probate of an alleged will of the said decedent, which alleged will should be denied probate by this court for the following reasons: (1) That at the time of making said ....... |