Wherefore your petitioner prays that the court make an order conditioned for the appointment of the said such trustee under the will.

..........

[Signature of petitioner, by his attorney.]

as

NOTE: For certificate of probate of foreign will and authentication, see Nos. 19 and 20.

480. Order for Appointment of Trustee Acting under Appointment by Foreign Court.

[Title.]

Now on this............................ day of ............, 19...., on motion of

it appearing from a legally authenticated record of the court in the city of Paris, France, that ........... .... was, on the ......... day of, 19...., by order of last said court, appointed trustee under the will of............, deceased, late of said city of Paris, that certain lands affected by said will are situated in this county of State of...... ..., and that a copy of said will was heretofore admitted to record in this court on the ........ day of

......

19....;

Therefore it is ordered by the court that letters of trusteeship under said will issue to the said ....., upon his filing, within ...... days hereafter, the oath of office as required by law and executing a bond as such trustee in the sum of dollars, with sureties approved by the court.

Witness my hand and the seal of this court, at ....
day of ............, 19.....

this

[Signature and seal of judge or surrogate.]

CHAPTER IV.

GUARDIAN AND WARD.

ARTICLE 1. PETITIONS, APPOINTMENTS, BONDS, OATHS AND LETTERS.

NOTE: Many of the forms of procedure under this chapter may be made applicable to the subject of "Testamentary Trustees" by substituting in the following forms, respectively, the word trustee for guardian, and the word cestui-que-trust for ward.

481. Petition for Appointment of Guardian.

[Title, as in No. 482.]

To the Hon.

............

of said Court:

Your petitioner undersigned respectfully shows:

[(If the petition be based on the disqualification of the father, continue:) That

and

............

are minor children of

years and....

and ............, husband and wife, who reside at ............ in the said county of ......, State of............; that the ages of said children, respectively, are ..... years; that said minors own real and personal estate as hereinafter mentioned; and the said, father of said children, is not a suitable person to have the charge and management of said estates, for the following reasons, to wit,...]

[(If the petition be based on the death of the father, omit the last above paragraph and continue:) That, late of the said county of ....., State of............, died on the .... day of ............................., 19...., leaving minor children, him surviving, whose names, ages and places of residence, respectively, are as follows: .............]

That said minors own real and personal estate, the description, location and value of which is as follows, ...; and the annual income from said real estate (in which said minors share equally) does not probably exceed the value of dollars ($............).

............

That said minors have no guardian legally appointed by will, or by deed; and it is necessary and for the best interests of said minors that a guardian be appointed to have the care and management of their (persons and) estates.

of

That said minors, respectively, are at present under the care

That the names and post-office addresses of the relatives of said minors, who reside in this county of...... are as follows:

wit,

That your petitioner is related to said minors in this, to

Wherefore your petitioner prays that

who resides at

in the county of, State of, or some other fit and proper person be appointed guardian of the (persons and) estates of said minors.

Dated this............ day of ....

............, 19.....

[Signature of petitioner.]

[Add verification, as in No. 9.]

The undersigned minors over the age of fourteen years, named in the above petition, do hereby respectfully ask that the be appointed guardian of (our persons and) our

said estates.

[Signatures of minors.]

I, ..., the person named in the above petition as guardian, do hereby consent to become the guardian of the above named minors, pursuant to the prayer of the foregoing petition. [Signature of proposed guardian.]

482. Order for Hearing Petition for Appointment of Guardian. State of

In the Matter of the Guardianship of the (Person.... and) Estate.... of............, Minor.....

Probate Cause No.

Now on this ............ day of .....

day of, 19...., a petition having this day been filed herein by............, asking for the appointment of .... as the guardian of the (person.... and) estate.... of minor child........ of ......... and ......... ; and it appearing to the court that the only relatives of said minor.... residing in this county of............, are the following, viz, ............; and that said minor at present under the care of ............; and that personal notice of said application should be given to the said before making such appointment;

............

It is, therefore, ordered by the court that personal notice of said application be given to the said ......, by..... at least ..... days before the

............

said part

room at

at the hour of

day of ............. 19...., requiring to appear before said court at the in said county of

............ court on the last said day, o'clock, M., then and there to show should not be appointed the

cause, if any, why the said ......

.....

guardian of the (person.... and) estate.... of said minor.....

Dated this

day of... 19.....

[Signature of judge or surrogate.]

483. Notice of Hearing Petition for Appointment of Guardian. [Title.]

The [People of the] State of to the Next of Kin of said Minor, ............, Greeting:

Notice is hereby given that on the

filed in the said .....

day of

........... court of the County of .....

State of, a petition praying for letters of guardianship

to be issued to

minor child of

upon the (person and) estate of
and ............, for the following reasons,

to wit, [setting forth the disqualification (or, death) of the father].

And pursuant to an order of said court, the

.....

19...., at the hour of ............ o'clock, M., at the
....... in the said County of

court room in the city of

State of, has been appointed as the time and place for hearing said petition, when and where any person interested may appear and show cause, if any, why said letters should not be issued to the said ... or to some other person lawfully entitled to the same.

............

Witness my hand and the seal of said court, at County and State first above named, this ............ day of 19.....

in the

[Signature, title and seal of court officer.]

484. Return Showing Service of Notice.

[Formulate from No. 25; and see, also, related forms 24,

......

Notice is hereby given that on the

day of

filed in the above named court, in the above entitled matter, a petition praying for letters of guardianship to be issued upon the (person and) estate of you, the said, for the following reasons, to wit, Said petition represents that you are a minor over the age of fourteen years, and have no guardian legally appointed by either will or deed;

You are, therefore, cited to appear before the said court at ............., on the day of ............, 19...., at the hour of ............. o'clock, M., and then and there choose a guardian; and, if you shall fail to comply with this order, the court will choose and appoint a guardian for you according to the prayer of said petition.

Witness my hand and the seal of said court, at this day of................................, 19.....

[Signature, title and seal of court officer.]

486. Order Appointing Guardian for Minor under the Age of

pointment of ............., as guardian of the (person and) estate of minor child of

And it appearing from said petition and the evidence adduced in support thereof that the said .... .... is a minor of the age of years, is permanently domiciled in this said County of............, State of............, that he has property of the kind and description mentioned in said petition, that it is necessary and for the best interest of said minor that a guardian be appointed for the care and management of the (person and) estate of said minor, and that the said proposed guardian has made and filed herein his consent in writing to act as such guardian;* And whereas said minor,

years;

is under the age of fourteen

It is, therefore, considered, ordered and adjudged by the court that the said............. be appointed guardian of the (person and) estate of the said minor, ............, until he shall become of full age or until another guardian shall be legally appointed, upon his taking and filing herein the oath required by law for such office, and executing a bond unto (the people of the State of............., for the use of) said minor, ...... in the penal sum of............ dollars, with sureties to be approved by the judge of this court, and that letters of guardianship issue accordingly. [Signature of judge or surrogate.]

487. Selection of Guardian by Minor.

In pursuance of the citation issued and directed to me in the above entitled matter in the above named court, I hereby choose and select... who resides at ....

............., to be the guardian of my (person and) estate; and I respectfully ask that an order be made by the court herein conditioned for the appointment of the said ... as such guardian. Dated this............ day of .... ...., 19.....

[Signature of minor.]

488. Order Appointing Guardian on Minor's Selection.

[Title.]

[As in No. 486 to, and continue:]

And whereas said minor, ............, of the age of

............

years

has, in a writing filed herein, selected the said as the guardian of his (person and) property;