alleged will, the said ... was incompetent to make a last will and testament: (2) That at the time of making said alleged will, said............ was acting under undue influence, menace and duress : (3) That said will is not executed and attested in conformity to law. That [Here state in detail the facts constituting the incompetency of decedent to make the alleged will, the names of the persons who exerted the undue influence, what improper means and representations were resorted to, etc.] [If another will is to be presented for probate, omit the allegations of incompetency, etc, above, and substitute therefor the allegation that the said paper writing described in the petition for probate and presented therewith is not the last will and testament of the said decedent. Then allege the existence of the will on which the contest is based, as in No. 15.] Wherefore your petitioner prays that the purported will mentioned in, and presented with, the said petition of.... be adjudged void and refused probate. [Or, your petitioner, therefore, prays that the will mentioned and presented herewith be admitted to probate as the last will and testament of said decedent, and for such other relief as is proper.] [Signature and verification] 34. Petition for Contest of Will, After the Probate Thereof. [Title.] Your undersigned petitioners respectfully allege: That each of your said petitioners is a competent person, is over the age of ..... years, and is interested in the estate of said decedent in this, to wit, ............ That on the ...... ........ ............ day of of 19...., a certain instrument of writing purporting to be the last will and testament of the said decedent,, bearing date of the day of, 19...., was presented to, and admitted to probate in the above named court in the above entitled cause, and is recorded in volume ............, page ............. the records of wills in said court, and letters testamentary thereon were issued by said court to... as execut........ thereof [or, letters of administration with the will annexed were thereupon granted to..], who thereupon qualified. ...... By the terms of said instrument of writing, ............. and ................................, are named as the several legatees and devisees of the said decedent, ............. Said instrument of writing is not the last will and testament of the said decedent,, for said decedent, at the date said writing is purported to have been made, was incompetent to make a last will and testament for the reason that he was not then of sound mind and memory and was, by reason of extreme age and protracted sickness, mentally incapacitated from making a will or a proper distribution of his property; and he was then coerced into signing said paper by the undue influence of and others, and, by the false and fraudulent misrepresentations of last named persons in this, to wit, ..... said decedent was induced to execute said pretended will. ............ [At the time of the admission of said will to probate, your petitioner,... was absent from this State, and did not come within the same until the ............ day of ............, 19.....] [If another will is to be presented for probate, present the same in connection with the facts as set forth in No. 15.] Your petitioners, therefore, pray that an issue be made up as to whether said instrument of writing is the last will and testament of said decedent, ..., and that the same may be set aside, and for such other relief as is proper. [Or, ask that the will presented herewith be admitted to probate as the last will and testament of said decedent.] [Signature and verification, as in No. 9] 35. Citation on Petition for Contest of Will. [Title.] The People of the State of To the Sheriff of said County and to All Persons Interested in the Estate of, Deceased: The said Sheriff is hereby commanded to cite and ...... ...... ............ ................................ persons interested in the estate of said decedent, to be and appear, personally, before said court, to be holden on the ............ day of ............, 19...., commencing at the hour of..... M., in the .......... ....... o'clock, ................................ room in the court house at............ in said county of............, and also to demur or answer to the petition of ..........., filed herein on the ............ day of .... 19...., (a copy of which petition is hereto attached, marked "Petition for Contest of Will" and made a part of this citation). the said answer day being the time fixed by order of the court as the time when all parties interested in said estate may show cause, if any, why the prayer of the said petition for the contest of the will purporting to be the last will and testament of said decedent,... .............. bearing date of the............ day of ................................, 19...., admitted to probate by this court on the ............ day of 19...., and recorded in volume ............ of the record of wills in this court, should not be granted, (and to further show why the probate of a will of said decedent, bearing date on the day of ............., 19...., as described and mentioned in said petition for contest, should not be allowed and letters of ............ thereon granted to .............] All persons interested in said estate are to be governed by the requirements hereof. And the said Sheriff will make due return of this writ on or before the ............. day of ............, 19..... In witness whereof I have hereunto set my hand and the seal of my office, at ............ in the County and State first above named, this ........ day of ............, 19..... [Officer's signature, title, and seal.] [Attach copy of petition for contest of will.] NOTE: For writs to be used in the service, and return of service, of the above citation, formulate from Nos. 22 and 24 to 29, Inc., according to the requirements of your statutes. 36. Demurrer to Petition for Contest of Will. [Title.] Comes now..... and ..... ............ persons interested ., in this, to wit, in the estate of the said decedent, and each of the last named persons demur to the petition for the contest of the will of said decedent, which was admitted to probate in this court on the ......... day of............, 19..., and recorded in volume, page ........ of the records of wills in this court, the said petition being signed by and having been filed herein on the day of grounds of demurrer they allege: ....... 19....; and for 1. That this court has no jurisdiction of the subject of the action or proceeding; 2. That the petitioner for the contest of said will has no legal capacity to sue; 3. That there is another action or proceeding pending between the same parties for the same cause; 4. That said petition for contest of will does not state facts sufficient to constitute a cause of action in favor of the contestant and against the heirs at law, legatees, and other parties interested in the estate of the said decedent, ............ ; 5. That [Etc.] [Signature of attorney for demurrers.] 37. Order on Demurrer to Petition for Contest of Will. [Title.] Now, on this ............ day of ............, 19...., this cause comes on to be heard on the demurrer of to the petition of for contest of the will of said decedent, .... alleged to have been made on the ............ day of ............, 19...., admitted to probate in this court on the ............ day of ................................, 19...., and recorded in volume............, page............ of the record of wills in this court. Thereupon, the court, on due consideration of said demurrer, overrules the same, to which order and ruling of the court the demurring parties except. [Or, if the demurrer is sustained and the petitioners for contest except, show that fact.] And, thereupon, the said ........... asking to plead further, it is further ordered that they be, and are, allowed to file an herein within ............ days hereafter. [Signature of Judge or Surrogate.] 38. Answer to Petition for Contest of Will. [Title.] Comes now.... and parties interested in the estate of the said decedent, ............, who, in answer to the petition of ...... for contest of the will alleged to have been made by said decedent on the ............ day of ............., 19...., and admitted to probate in this court on the ........... day of............, 19...., respectfully allege: 1. That they deny, generally and specifically, each and every and all the allegations set forth in said petition for contest of will (excepting such of said allegations as are hereinafter admitted). 2. That said decedent, ..... ............, at the time he made the aforesaid probated last will and testament, was in all respects competent to make the same. .... 3. That said decedent, at the time he made the aforesaid last will and testament, was free from duress, menace, fraud or undue influence in the execution thereof. 4. That said will was duly executed by said decedent and duly attested by said subscribing witnesses,......... ..... and 5. That [Here set forth any other relative matters, pertinent to the issues, which exist in favor of the validity of the will.] [If the petition for contest asks for the proof of another will, the answer may allege facts showing the invalidity of the same.] Wherefore, we pray that said contestants take nothing by their said petition. [Signatures of answering parties.] [Signature of attorney.] 39. Testimony Relative to Death of Testator, in Proof of Petition for Probate of Will. [Title.] .........., being duly sworn, on his oath says: ....... I am a resident of the County of.......... in the State of .; and I was ................................ years of age on my last birthday. I was well and personally acquainted with the said decedent, .... .................................., during his lifetime, the nature and extent of my acquaintance being this, to wit, I know that said testator died at is this, to wit, I further know that at the time said deceased died he was a resident of the County of ............ in the State of and left estate in last said county (and elsewhere), the general description, value and location of which is as follows: [Schedule as in No. 16.] The annual rents, issues and profits of said real estate amount to about ............ dollars ($............................). The whole value of said estate and effects of said decedent does not exceed the probable value of ...... dollars ($............). [Signature of witness.] Subscribed and sworn to before me, in open court, this day of ............, 19..... [Signature, title and seal of officer.] 40. Testimony of Subscribing Witness on Probate of Will. [Title.] ..... being duly sworn, on his oath says: I am a resident of the County of... in the State of years of age on my last birthday. ............ ............ ; and I was I knew the said decedent, ............, prior to his decease; and I was well and personally acquainted with him on the day of ............, 19...., the date of the instrument now shown, and presented in open court, to me for identification and proof of the execution thereof, said instrument purporting to be the last will and testament of the said deceased, the same having |