Now, on this day of ........., 19.... the last will and testament, dated on the..., (and the codicil thereto, dated, etc.) of, deceased, w........ presented to the court for probate and record; and, it appearing to the court that the said decedent died on the day of..........., 19...., that at the time of his death he was a resident of this aforesaid County of [or, that he left property in this aforesaid County of etc.], and said decedent left surviving him his widow, which widow and all the next of kin and all the legatees have been duly and legally notified of the presentation of said will for probate; thereupon, and, the subscribing witnesses to said will, (and ....... and the subscribing witnesses to the codicil) appeared in open court, and were duly sworn and examined according to law, and their testimony thereon was reduced to writing and filed in the cause. [Or, thereupon, .............. one of the subscribing witnesses to said will appeared in open court and was duly sworn and examined according to law, and his testimony thereon was reduced to writing, etc.; and the commission heretofore issued herein to take the deposition of one of the subscribing witnesses to said codicil, being returned duly certified and filed herein, was admitted, read and received in evidence (excepting such parts thereof as were adjudged incompetent)]. .... And it appeariig to the court from all the testimony taken that the said will was duly executed and attested (and that the said codicil was likewise duly executed and attested), and that at the time of executing the will (and the codicil) the testator was of full age and of sound mind and memory, and not under any restraint, it is ordered, adjudged and decreed by the court that said will (and codicil) be, and are, admitted to probate and established as the last will and testament of the said decedent,; and it is further ordered that said will and codicil, together with the evidence herein taken, be recorded herein. [An order that letters testamentary, or, letters of administration with the will annexed, issue, as in No. 78 or 80, may be added.] [Signature of judge or surrogate.] NOTE: If the will be that of a woman who leaves her husband surviving, modify the above decree accordingly. 65. Decree on Contested Petition for Probate of Will [Title.] Now, on this ...... day of............, 19...., this cause comes on to be heard upon the petition for the probate of the last will and testament of the said ............, deceased, as well as upon the petition for the contest of said will, and upon the answer to last said petition. Thereupon the petitioners for the probate of said will appear in the persons of ....... and ............, and by their attorney, .............; and the contestants against the probate of said will appear in the persons of ............ and .... and by their attorney.... Thereupon, it appearing that all of the next of kin and all the legatees under the alleged will of the said decedent have been duly and legally notified of the presentation of said will for probate, and it further appearing that the contestants to said will have caused due and legal notice of their written grounds of opposition to the probate of said will to be served upon the petitioners for the probate of said will and upon all the next of kin and all the legatees under the alleged will of said decedent, other than the said contestants, said hearing now proceeds upon the pleadings and the evidence. Thereupon the said petitioners for the probate of said will, by counsel, produce to the court the will dated on the day of..., 19...., bearing the name of said decedent, as testator therein, and the names of ............ and ................................ as attesting witnesses thereto, which will was filed herein for prcbate on the day of, 19....; and in support of the allega. tions set forth in the petition for the probate of said will, the following witnesses are produced, their testimony reduced to writing, signed by them, respectively, and filed in this cause as a part hereof, on order, to wit: 1. ............, one of the subscribing witnesses to said will, his direct testimony being marked "Direct Testimony of.... and his cross-examination being marked "Cross-examination of 2. .... his direct testimony being marked [etc.]. ............., another of the subscribing witnesses to said will, [And the commission issued herein on the for the taking of the depositions of evidence herein, having been returned duly certified and filed herein, said depositions are presented to, and considered by, the court.] Thereupon said contestants, in suppport of their petition, produce to the court the following witnesses whose testimony, respectively, was reduced to writing, signed by them and filed in the cause as a part hereof, in order, to wit: his direct testimony being marked [etc., as above.] 2. ............, his direct testimony being marked [etc., as above.] And it appearing to the court from the pleadings and the evidence that the said decedent, ............, died at the time and place alleged in said petition for probate (and that he left property in this county as alleged in last said petition), that the said will and testament of said decedent was duly executed and attested, and that at the time of executing the same he was of competent age and of sound mind and memory and he was not then acting under duress, menace, fraud or undue influence, therefore, upon motion of, it is ordered, adjudged and decreed by the court that the said will be and is, established and admitted to probate as the last will and testament of the said decedent, ............ ; and it is further ordered that the said will, together with the evidence herein taken be recorded in this cause. [Or, it appearing from the evidence that at the time of executing said will the testator was not of sound mind, and that he was then acting under duress, menace, fraud or undue influence, therefore, upon motion of, it ordered, adjudged and decreed by the court that said alleged last will and testament of said ............, deceased, be, and is void and the same is denied probate.] [An order that letters testamentary, or, letters of administration with the will annexed, issue, as in No. 78 or 80, may be added.] [Signature of judge or surrogate.] NOTE: If the decree be upon an holographic will, the reference to the attestation thereof will be omitted. 66. Decree Admitting Nuncupative Will to Probate. [Title.] Now, on this............ day of ............, 19...., this matter comes on for hearing upon the petition of ....... to prove the nuncu pative will of the said deceased, it appearing to the court that due and legal notice of this hearing has been given to all persons interested in the estate of said decedent. Thereupon, .... the petitioner for the probate of said his attorney, there being will appears in person and by...... neither appearance nor plea by any one to contest the establish ment and probate of said will, and said cause now proceeds upon the said petition, and the evidence. And the court being duly advised in the premises, finds that the said decedent, ............, was, at the time immediately preceding his death, on the ................................ day of............, 19...., engaged in ......... and was then in actual contemplation, expectation, fear or peril of death, for the following reasons, to wit, ............, and at the time and place he died, under the conditions last aforesaid, he made his last will and testament in the presence of .......................... and whom he requested to bear witness to the same, said will being in words and figures as follows: ......... ; that said will was duly and legally made by said decedent, without any undue influence, at a time when he was of sound and disposing mind and memory; that immediately after the testamentary words of said will were spoken, the same were reduced to writing by the said witness, and the same was then signed by both of ..... and ............, at the aforesaid place the said witnesses, where the will was made, said writing having been filed in this cause on the day of.... ............., 19...., and the same being made a part hereof by reference. It is, therefore, considered, ordered and adjudged by the court that said will be, and is, established as the last will and testament of the said decedent, ........, and that the said wili, together with the evidence herein taken, be recorded in this cause. [Signature of judge or surrogate.] 67. Decree Admitting Lost or Spoliated Will to Probate. [Title.] .... day of ............, 19...., at the Now, on this A. D., Term of this court, this matter comes on for hearing upon the petition of ............ to prove the last will and testament of the said decedent, ..... it appearing to the court that due and legal notice of this hearing has been given to all person interested in the estate of said decedent. Thereupon,............ the petitioner for the probate of said will appears in person and by his attorney, .... ,, there being neither appearance nor plea by any one to contest said will. [Or, if the petition be contested, show the appearance of the contestants as in No. 65.] And said cause proceeds upon the said petition and the evidence. Thereupon, .............. and ........ the alleged subscribing witnesses to said will, and also other witnesses, viz., ...... and .............. appeared in open court and were duly sworn and examined touching the execution and contents of said will, their testimony thereon reduced to writing, signed by them, respectively, and filed as a part of the record herein. [If the will be contested, show the introduction of evidence on their part, as in No. 65.] And the court being thus advised in the premises, finds that said decedent, ..... ............., did, on the day of, 19...., duly execute his last will and testament of that date in the manner provided by law; that said testator died on or about the day of ............, 19....; that said will was in existence after the death of said testator and the same was not revoked by him; that said will has been lost [or, spoliated or destroyed]; that said will was duly witnessed and attested by the said witnesses, ..... and ...... that said attesting witnesses saw the said will written, saw the said testator sign the same, read the same and knew the contents thereof; and that the provisions of said will are the words and figures contained in the copy of the last will and testament of said decedent, filed herein on the day of ............, 19...., and presented with the said petition for the probate thereof. [Or, if the finding be against the probate of the will, show the same as in No. 65.] .......... • It is, therefore, considered, ordered and adjudged by the court that the aforesaid testamentary provisions and dispositions made by said decedent be, and are, accepted and established as his last will and testament, and that the said will and the evidence herein taken be recorded in this case. [Or, if the judgment be against the probate of the will, show the same as in No. 65.] [An order that letters testamentary, or, letters of adminis tration with the will annexed, issue, as in No. 78 or 80, may be added.] [Signature of judge or surrogate.] 68. Order for Probate of Foreign Will. [Title.] Now, on this............ day of ............, 19...., comes and produced in court, by his attorney, a copy of the last will and I. P. F.-4 |