by delivering to them, and each of them, personally [or, by delivering to ............, attorney of record of the said ............, personally, and to ............, attorney of record of the said ............, peisonally], a true copy thereof with all the indorsements thereon, at ............ in the County of............ in the State of, at the hour of ......... o'clock, M. 48. Stipulation for Taking Depositions on Probate of Will. [Title.] ........... Whereas, on the ..... day of..... ..............................., 19...., in the above entitled matter in the above named court, there was produced and filed an instrument of writing purporting to be the last will and testament of the said .... ............, deceased, and on the day of............, 19...., a petition was also filed in said matter, signed by ..... ............................., praying for the probate of said will and praying that letters testamentary issue thereon to, the executor named in said will; and, whereas, the time last appointed by the court for the hearing of said petition is the ....... day of ............, at the hour of ............ o'clock, M., at ............ ; ..... Now, therefore, it is hereby stipulated and agreed by and between the undersigned parties interested in the said estate, that the said petitioner and any and all of the said parties may take the depositions of sundry witnesses, to be used in the hearing of all issues connected with said petition for probate, and that such depositions may be taken at in the office of in the city of ........ in the County of .... ..... in the State on the day of ............, 19...., between the hours o'clock, A. M. and........... o'clock, P. M., and that the taking of such depositions may be continued from day to day at the same place and between the same hours until such depositions are completed. ....... of ..... of ..... ............ And it is further agreed by and between said parties that said depositions may be taken in shorthand by any disinterested person, thereafter transcribed on the typewriter, and sworn to and signed by the witnesses, respectively, (and that such depositions shall be taken upon interrogatories and cross-interrogatories, copies of which are hereto attached as "Exhibit A" and made a part hereof); and that all objections to the materiality, competency, or relevancy of any of the questions or answers may be made. at the trial and hearing of the petition in this cause at the time said depositions are offered to be read in evidence, with the same force and effect as if made at the taking of said depositions, the filing of written exceptions being hereby waived, provided, however, that the certificate attached to said depositions shall show the same was taken in conformity with the rules herein agreed upon. Witness our hands at.... this day of..... 49. Heading to Deposition on Probate of Will. 19..... Depositions of witnesses taken to be used in probate cause No. .... pending in the court within and for the County of in the State of................, in the matter of the estate of................, deceased, wherein, on the day of 19...., there was produced and filed an instrument of writing purporting to be the last will and testament of the said decedent, and on the ............. day of.........................., 19...., a petition signed by praying that letters testamentary on said will issue to was also filed, and said petition is now pending for hearing, the depositions being in pursuance of the notice hereto attached, and had at the time and place therein stated. The said petitioner, ..., and ... appeared in their own behalf (and by their attorney....,..........................), and ............ and other parties interested, appeared in their own behalf (and by their attorneys, ...). And, thereupon, the said ..... produced the following witnesses in order, to wit: of lawful age, who being duly sworn, deposeth and saith (in answer to the interrogatories propounded) : Question 1. ............? First: ... Answer 1. [Signature of witness.] Second: ....... of lawful age [etc., as in "First" above]. [Attach Nos. 46 to 48, Inc.] NOTE: As to the form and substance of the testimony, see Nos. 39 to 45, inc. 50. Certificate Attached to Deposition on Probate of Will. I, ...... State of.... a in and for the County of do hereby certify that the above named and ............, the witnesses whose names are severally subscribed and .... to the foregoing depositions, were by me first duly sworn (or, affirmed) to testify the truth, the whole truth and nothing but the truth, in the matter aforesaid, and that the depositions by them respectively subscribed were reduced to writing (or transcribed by ............, a person wholly disinterested in said matter and properly qualified, after the same had been first taken by h.... in shorthand, and after....he had been duly sworn to truly take and subscribe the same), that the depositions were subscribed by the respective witnesses in my presence, and the same were taken in all respects as last aforesaid on the ............ day of ............, 19.... (and on the day of............................., 19........, pursuant to adjournment had), between the hours of ............ o'clock, A. M. and ...... o'clock, P. M. of said day, and at the office of, in the city of, in the County of ...., in the State of..... specified in the notice (or, agreement) hereto attached, and that I am not attorney or relative of any party interested herein, or otherwise interested in the event of any issue on trial in the above entitled matter, neither have I any interest, directly or indirectly, in the event of said matter. ............., [Signature, title, and seal of magistrate.] 51. Application for Commission to Take Deposition on Proof of Will. [Title.] To the Hon., ............ of Said Court: Your undersigned petitioner.... respectfully allege....: That he is interested in the estate of the said decedent, in this, to wit, ............. That, one of the attesting witnesses [or, both of the attesting witnesses] to the last will and testament of said decedent reside.... in the County of............, in the State of ....h.... post office address being at ............, said witness.... thus being without the jurisdiction of this court; and the testimony of said witness.... is material to the issues in this cause, on the proof of the will of said decedent. [If there are other witnesses at the same place, whose testimony is required, show their names and the materiality of their testimony.] Wherefore, your petitioner prays that a commission with the will, and with the interrogatories herewith presented, issue herein to some judge or magistrate of the city and county last above named, directing him to take the depositions of said witnesses, and return the same, duly certified, with all convenient speed to this court. [Signature of petitioner.] [Signature of attorney for petitioner.] 52. Order fixing Time of Hearing on Application for Commission to Take Deposition, Etc. [Title.] day of.... Whereas, on the 19...., in the above entitled matter in the above named court, one filed h.... application in writing asking the court or the judge thereof to issue a commission in said matter to some judge or magistrate of the County of ............, in the State of.... ............., with the will of said decedent annexed (and also certain interrogatories annexed) to said commission, for the taking of the depositions of sundry witnesses whose names and residences appear in said application; ........... Now, therefore, it is ordered by the court that the............ day of ............. 19...., at the court room in the court house in the city of in this first above named County of at the hour of .............. o'clock, ..... M., be, and is, fixed as the time and place when and where said application will be heard, and all matters properly connected therewith will be determined. It is further ordered that the Clerk of this court issue and enter, under his hand and the seal of his office, notice of the making and entering of this order and notice of the contents hereof as well as the contents of said application, to all persons interested in said estate, other than the applicant. [Signature, title, and seal of officer.] 53. Notice of Application for Commission to Take Deposition ...... on Proof of Will. [Title.] The People of the State of To .......... and All other Persons interested in the Estate of Deceased: You will take notice that on the ......... day of ......., 19...., one ............ filed in the above entitled matter in the above named court, h.... application in writing, asking the said court or judge thereof to issue a commission in said matter to some judge or magistrate of the County of..........., in the State of, with the will, and certain interrogatories presented with said appli cation, attached, directing last said officer to take the deposition of sundry witnesses whose names are also attached to (or included in) said application; and that said application will, by order of said court, be heard at the court room of said court, in the court house in the city of............ in the county first above named, on the day of ................................, 19...., at the hour of o'clock, M., or as soon thereafter as said hearing may conveniently be had, at which last said time and place all parties interested in said estate may appear and show cause, if any, why said commission should not be granted, and may file proper cross-interrogatories to be made a part of said commission. ...... Witness my hand and the seal of my office, by order of the court, this........... day of ............, 19..... [Signature, title, and seal of officer.] NOTE: Make service of the above notice in the manner provided by law for the service of a summons in a civil action in a court of record, unless your statute provides otherwise. 54. Order for Commission to Take Deposition on Probate of Will. [Title.] Now, on this ............ day of .... on to be heard on the petition of 19...., this matter comes asking that a commis sion issue for the taking of the depositions of .... and in relation to the proving of the will of said decedent, and it appearing that due and legal notice of the hearing of said petition has been given to the parties interested in said estate, and of their right to appear and file cross-interrogatories to be attached to said commission, and, further, that said witnesses are non-residents of this State of, and their testimony appears to be material in the matter of the proof of said will. day of It is, therefore, ordered by the court that a commission with the will annexed, with the interrogatories presented with said petition annexed, and with the cross-interrogatories filed herein and approved by the court on the 19...., annexed, issue under the hand and seal of the Clerk of this court, directed to the Hon., a judge [or, justice, Chancellor, jus tice of the peace, notary public, mayor, etc.] of the the County of ..... ............ in the State of, directing him to take the depositions of said witnesses and return the same, duly certified, together with the interrogatories, cross-interrogatories, the answers, and the will, to this court with the least possible de lay. [Signature of judge, title of court, and seal.] in |