But this decree shall not have the effect of distributing or assigning any part of the property of the estate to the aforesaid persons entitled thereto, such distribution and assignment being reserved for the further order of the court. [Signature of judge or surrogate.] ARTICLE XIX. INITIAL DISTRIBUTION OF PERSONALTY. 365. Petition for Order of Distribution, under the Will, without Bond. [Title.] [As in No. 354 to *, and continue:] That on the ... day of............, 19...., the above named court rendered a decree in the above entitled matter, designating and declaring who are the heirs at law (and legatees) of the said decedent, .... the residue of the property of said estate, the rights and interests of said persons in and to said estate, and to whom distribution thereof should be made after reserving funds for the payment of certain claims which are not due and for the payment of the unpaid costs of administration. That all the personalty of said estate has been reduced to money. [Or, That an equal distribution of the personalty of said estate can be made in kind between said petitioners by distributing to them the articles valued as follows and set opposite their names, respectively, as follows: Names of Heirs or Description of Articles Values And your petitioners hereby offer to accept such a distribution in full satisfaction of all their rights and interests, respectively, in and to the personalty of said estate.] Wherefore your petitioners pray that the said executor [or, administrator] be ordered to proceed immediately to pay (or distribute to) the heirs at law (and legatees) of said decedent their proportional shares [or, their specific legacies] of the personalty of said estate, and that no bond be required for such distribution. [Names of petitioners.] [Signatures of attorneys for petitioners.] 366. Order for Distribution without Bond. [Title.] Now on this............ day of ............, 19..., this matter comes on to be heard upon the application of ...... and ............. distributees of said estate, for an order directing the administrator of the estate [or, the executor, etc.] to distribute the personalty of the estate to the persons entitled thereto; and the court being duly advised in the premises finds that on the day of ............, 19...., it rendered its decree herein designating and declaring who are the heirs at law (and legatees) of the said decedent, the property belonging to said estate over and above the unpaid debts and costs of administration, the rights and interests held in said estate by all persons, and to whom distribution thereof should be made; that such residue of the personalty of the estate is ready for distribution [and the parties interested in said estate have offered to accept the distribution hereinafter mentioned in full satisfaction of their rights and interests, respectively, therein]. It is, therefore, ordered by the court that the administrator of said estate [or, the executor, etc.] be, and he is hereby, authorized and directed to divide and transfer to the heirs at law (and devisees) of said decedent their proportional shares [or, the legacies of personalty bequeathed], in moneys, bills, bonds, credits and specific articles belonging to the residue of said estate, valued as follows, and set opposite their names, respectively, as follows: And for such distribution no bond shall be required of said distributees. It is further ordered by the court that said administrator [or, executor] report his proceedings hereunder, on or before the day of............, 19...., and file with such report the receipts from said distributees showing what they have received, respectively, by virtue of this order. [Signature of judge or surrogate.] 367. Petition for Order of Distribution, on Bond. [Title.] [As in No. 345 to* (substituting, however, the word petitioners for the word "petitioner'), and continue]: and, thereafter, on the day of............, this court entered a decres herein establishing that said estate is solvent. That there is now in the hands of the said administrator [or, executor] the sum of $. over and above the estimated debts. and the whole costs of the administration of the estate; and, exclusive of such moneys, there remains of the estate certain choses in action and miscellaneous articles of personalty which are set forth in the final account herein. That the persons who are entitled to share in the residue of the personalty of the estate, as heirs at law (and legatees) of the said decedent, their names, ages, relationships and shares and interests, respectively, are as follows: Names of Heirs and Ages Relationships Shares or Interests Your petitioners hereby offer to execute their bonds, severally, in such sum as the court may order, with sureties to be approved by the court, payable to the administrator of the estate [or, to the executor, etc.], conditioned for the payment of his or her proportion of the debts of the estate, as provided by law in like cases, if a distribution be made as hereinafter mentioned. Wherefore your petitioners pray that the said administrator [or, executor] be ordered to proceed, immediately after the approval of said bonds as aforesaid, to pay or distribute to the heirs at law (and legatees) of said decedent their proportional share [or, their specific legacies] of the personalty of said estate. [Names of petitioners.] [Signatures of attorneys for petitioners.] 368. Order for Distribution, on Bonds of Indemnity. [Title.] Now on this ......... day of ............, 19...., on the written application of ........ and distributees of the above named estate, and for good cause shown, it is ordered by the court that the administrator of said estate [or, the executor, etc.] be, and he is hereby, authorized and directed, subject to the conditio as following, to divide and transfer to the heirs at law (and devisees) of said decedent their proportional shares [or their legacies] in moneys, choses in actions and miscellaneous personalty of said estate, as set opposite their names, respectively, in the fo!lowing schedule: But such distribution shall not be made until said distributees shall execute to said administrator [or executor] their bonds, conditioned as required by law in like cases, with sureties approved by the court, in the amounts set opposite their names, respectively, below: Names of Distributees Amounts of Undertakings *And it is further ordered by the court that said administrator [or, executor] report his proceedings hereunder to the court, on or before the .... day of............, 19...., and file with such report the receipts from said distributees showing what they have received, respectively. [Signature of judge or surrogate.] 369. Order Distributing Funds in Hands of Foreign Executor. [Title.] [As in No. 368, excepting that after the the following order should be included] And it also appearing to the court that the aforesaid properties to be distributed are assets of the estate located within this State of ............, and that the above entitled matter is an ancilliary administration of said estate, it is, therefore, further ordered that the ............ of this court cause personal service of a certified copy of this order to be made on .................................., the resident agent of said administrator [or, executor], and cause a return of such service to be filed herein on or before the ...... day of 19..... 370. Citation for Failure to Distribute. [Title.] [As in No. 285 to *, and continue:] For your failure to disItribute and transfer to ....... and ..... ...... heirs at law (and devisees) of said decedent, their proportionate shares (or legacies) in the resique of the personalty of the estate, under the order of distribution made by this court on the .... day of.... 19..... Hereof fail not. Witness my hand and the seal of said court, at.... [Signature and seal of judge or surrogate.] 370a. Distributee's Bond. [Title.] this [As in No. 352a to* (omitting reference to interest), and continue :] The condition of this obligation is such, that if the above bounden, ...... a distributee of the estate, shall well and truly pay, or cause to be paid, unto the administrator [or, executor] of the said estate, or unto the parties entitled thereto, all the outstanding debts and costs of administration allowed, or to be allowed, against the estate, and shall indemnify and same harmless the said administrator [or, executor] and the assigns of said decedent, other than said bounden, from and against any and all suits, actions, damages, costs, charges and expenses by reason of such debts, under the limitations expressed in the order of the above named court in this matter made on the ............ day of ............., 19...., for the distribution of the personalty of said estate, then the above bond is to be void, otherwise to remain in full force and effect. In witness whereof, we have hereunto set our hands (and seals), respectively, at ....., this ............ day of ......., 19..... [Signatures of principal and sureties.] [Attach oaths of sureties or property statement, as in No. 84.] 371. Return on Order to Distribute. [Title.] To the Hon. The undersigned administrator [or, executor] of the estate of the said decedent, of said Court: respectfully reports: |