persons interested in the estate of the said decedent, and all other ............: day of Notice is hereby given that on the 19...., the administrator [or, executor] of said estate, rendered and presented for settlement, and filed in said court in said matter a final account and report of his administration of the estate; and that ............, the............ day of ............, 19...., of the term of said court, at the hour of ...... ..... o'clock,.... M., at, in ............, said County, has been duly appointed by the court as the time and place for the settlement of said account, at which time and place any person interested in the estate may appear, file his exceptions in writing to the account and contest the same. In witness whereof I have hereunto set my hand and the seal of said court, at ... this ....... day of .... 19..... [Signature and seal of judge or surrogate.] 413. Proof of Service of Notice. [Formulate by reference to Nos. 27, 28 and 29.] 414. Exceptions to Final Account. [Formulate by reference to No. 319.] [See, also, Nos. 320 to 332, inclusive.] 415. Order Settling Final Account. [Title.] Now on this............ day of............, 19...., this matter comes on for hearing, pursuant to an order of this court made on the day of ............., 19...., it appearing to the court that due notice has been given as required by law, for the settlement of the final account of ....... as administrator [or, executor] of said estate; and the court, being duly advised in the premises, finds that the said administrator [or, executor] has honestly, faithfully and truly accounted for every part of said estate, and no objections have been made to said account; It is, therefore, ordered, adjudged and decreed by the court that the said final account be, and the same is, hereby finally settled, allowed and approved by the court according to its terms and tenor as the same appears of record. [Signature of judge or surrogate.] NOTE: See, also, Nos. 455 to 458, inclusive. ARTICLE XXII. PARTITION. 416. Deed of Partition by Adults. This deed, made this day of............, in the year one thousand nine hundred and............, between ............, of ................................, in the county of............, in the State of of the first part, and of ...... of the second part, and .... the third part, witnesseth: ..... That all the aforesaid parties hereto do have and hold, as tenants in common, in parts as follows, to wit, [here insert the proportionate share of the realty held by each party] of the following described real property located in the county of ..... in the State of, to wit, a tract of land containing about .......................... acres, comprising the ............ of Section No. ............, Township No., Range No. ..... [or, describe the tract by metes and bounds], together with the tenements, hereditaments and appurtenances thereto belonging, the same being inherited by said parties as heirs at law of one ..... deceased, late of the county of............ in the State of... [or, the same being devised to them by the will of one]. And the parties hereto have mutually agreed to make partition of said real estate and hold their respective shares in severalty as hereinafter stated. That the said ............, party of the first part, shall from henceforth have, hold, possess and enjoy in severalty, by himself, and to him and his heirs and assigns, for his share and proportion of the said lands and premises, all [here insert a description of the part allotted to him]; and the said parties of the second and third parts, in consideration of the premises. [and of the sum of .... dollars to them paid by the said party of the first part to them, for equality of partition, the receipt whereof is hereby acknowledged,] do hereby give, grant, set over, convey, release and confirm unto the said party of the first part, ...... ......., his heirs and assigns, forever, the last above described premises, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and also all the estate, right, title and interest, property, possession, claim and demand whatsoever, of the said parties of the second and third parts, both in law and equity, of, in and to the above granted premises and property, unto the said party of the first part, his heirs and assigns, forever (subject to any and all liens held thereon by any other person or parties, if any). I. P. F.-16 That said parties of the second and third parts do hereby severally, and not jointly, but each for himself and for his heirs, executors and administrators doth covenant, promise and agree, to and with the said party of the first part, that he, the said ............, his heirs and assigns, shall lawfully, at all times hereafter, have, hold, occupy, possess and enjoy the piece or allotment of realty first above described, with the said appurtenances, and receive and take the rents, issues and profits thereof, without any molestation, interruption or denial of them by the parties of the second and third parts, their heirs and assigns, or by any other party lawfully claiming or to claim from or under them or either of them, or by or with his or their act, privity or procurement. That the said .................................., party of the second part, shall from henceforth have, hold, possess and enjoy in severalty, by himself, and to him, his heirs and assigns, for his share and proportion of the said lands and premises, all [here insert a description of the part allotted to him]; and the said parties of the first and third parts do hereby give, grant, set over, convey, release and confirm unto the said, the party of the second part, his heirs and assigns, forever, the last above described premises, together with [etc., as above; and so on, with the allotment and covenants in behalf of the party of the third part]. In witness whereof, the parties to these presents, respectively, have hereunto set their hands, the day and year first above written. [Signatures of parties.] [Add acknowledgment, as in No. 6.] 417. Certificate Attached to Partition Deed. [A certified copy of either decree 364 or 456 may be attached to the deed, if the heirs and their interests in the real estate described have been determined by either of such decrees.] 418. Petition in Action for Partition. In the Matter of the Estate of Subsidiary Action for Partition, viz: Plaintiff, Deceased, and the VS. [and the unknown heirs of said deceased], Defendants. The above named plaintiff complains of the above named defendants and alleges: That the plaintiff, ...... has an interest in the estate of the said decedent, as hereinafter stated. ..... That the necessary expenses of funeral, of last sickness of said deceased, of the administration of said estate, and all existing debts allowed against said estate have been satisfied; that the administrator [or, executor] of said estate retains in his hands sufficient personalty thereof to pay the accruing expenses of administration; that the final account of the said administrator [or, executor] in said matter has been duly audited and allowed by the court; and there remains of said estate the real property hereinafter described to be assigned as hereinafter stated. That plaintiff has a legal right to and is seized in fee simple [or, other estate], as son and one of the heirs at law [or, as one of the legatees under the will] of the said decedent, ..... of an undivided one part of the following described real property situated in this State, viz, [describe all the property to be partitioned]. That the defendant, ............, as surviving spouse (...) of the said decedent, ............, has a legal right to and is seized in fee simple [or, other estate] of an undivided one part of said premises [or, is entitled to dower (or, curtesy) in said premises, which has not been admeasured]. That the defendants, and ............, are tenants in common with the plaintiff in said premises [subject to said dower, (or, curtesy) and subject to the satisfaction of claims due for equality of partition as hereinafter stated], in the following proportions: ............ An undivided one part thereof [less the advancement hereinafter mentioned] belongs to, who is a daughter of the said decedent, ............., and who is intermarried with one and resides in the County of [But on or about the made an advancement of ..... in the State of of ........ dollars, to the said daughter, the same being evidenced by an instrument of writing, a copy of which is hereto attached, marked "Exhibit A" and made a part hereof; and such advancement is to be charged against the aforesaid interest of the said daughter in said premises, for equality of partition between all the cotenants.] An undivided one the defendants, part thereof belong to each of and ...... ..., minor children and only heirs at law of one............, a deceased daughter of the said decedent, ..... said daughter having intermarried with one and she having thereafter died intestate, leaving issue of said marriage the aforesaid children, who reside at The father of said children, who resides at duly appointed their guardian by the Court of the County of.... in the State of .... [The said father, ............. is tenant by the curtesy of the estate of said children.] An undivided one part thereof belongs to the grantee of one............, a son of said decedent, [(Where there are unknown owners, continue:) One as who in his lifetime, was seized of an estate part thereof in in said premises of an undivided one fee (or, otherwise), long since removed from this State to .........................; and he subsequently married, and had children, some of whom are now living, as plaintiff has good reason to believe; but the names of such children and their places of residence are wholly unknown to the plaintiff; and, although he has made diligent inquiries for that purpose, he cannot ascertain the same, or any of them. The said was a son of the said deceased, and he and his said wife are now dead. Therefore, said children and heirs, or the heirs at law of any who may be dead, are collectively entitled to the said undivided one of said premises formerly held by the said...........................] part [If any cotenant has paid and discharged any outstanding lien on the common property to the benefit of all the other cotenants, for which he is entitled to be reimbursed for equality of partition, state the facts here. For similar allegation, see No. 429.]. Wherefore plaintiff prays that [said unknown defendants be required to set up any title they may claim in said premises, and that such rights be adjusted on their failure to claim the same; that an accounting be had between said cotenants for equality of partition; that the dower (or, curtesy) of the said ....... be assigned to h....; and that subject to such partition be made of said premises according to the respective rights of said parties; or, if a partition cannot be had without material injury to those rights, that said premises be sold, and a division of the proceeds made between the parties according to their rights, after the payment of the costs of this action. [Add petitioner's signature and verification.] |