testament of ............ ....., deceased, late of ............ in the County of in the State of.... ...., together with a copy of letters testamentary [or, letters of administration with the will annexed], to which were attached the certificate of ............, Clerk of the Court of............ in and for the County of in the State of, certifying said instruments of writing, respectively, to be a true, full and correct copy of the original last will and testament of said decedent, ............, as the same was admitted to probate by, and recorded in, last said court, and of the letters testamentary [or, letters of administration with the will annexed] issued thereon, that the said will was duly proved and letters granted thereon in accordance with the laws of the said State of, and that said letters remain in full force, to which certificate there was attached the written authentication of ............, presiding judge [or, surrogate] of last said court, executed under his hand and the seal of the court. Thereupon this cause comes on to be heard upon the petition of............ asking that the said will be admitted to probate in this court in the above entitled cause, and that letters testamentary [or, letters of administration with the will annexed] thereon issue to ............, to the end that said will have full force and effect upon the property of said decedent in this State of and upon the evidence of the aforesaid authenticated record. And the court being thus advised in the premises, finds that said will was duly executed by said decedent, ..... that the same has been proved, allowed and admitted to probate in the court mentioned in said authenticated record, and that part of the property by said will devised is situated in this county of It is, therefore, considered, ordered and adjudged by the court that said will be received and recorded herein as the last will and testament of the decedent,... .... [An order that letters issue, as in No. 78 or 80, may be added.] [Signature of judge or surrogate.] NOTE: Should the order relate to a will probated in a foreign nation, modify the above form accordingly. 69. Decree on Contest of Probated Will. [Title.] Now, on this............ day of ............, 19...., this cause comes on to be heard upon the petition of ............ asking that the probate of the alleged will of said decedent, heretofore granted in this court on the............. day of ............, 19...., be set aside, annulled and revoked (and asking, also, that a later will of said decedent, dated on the ............ day of ............, 19...., and filed herein with last said petition, be admitted to probate); and said cause also comes on to be heard upon the answer to last said petition and every issue joined thereon, and the evidence. Thereupon..... .............. the said contestant, as plaintiff herein, appears in person and by his attorney............., and ............ and .................., proponents of the said probated will, as defendants herein, appear in person and by their attorney, .... [Or, state the facts relative to the appearing parties as they actually exist.] Thereupon the said plaintiff, in support of his petition, produces to the court the following witnesses whose testimony, respectively, was reduced to writing, signed by them and filed in this cause, in order, to wit: 65.] 1. ..... 2. No. 65.] his direct testimony being marked [etc., as in Nɔ. his direct testimony being marked [etc., as in Thereupon said defendants, in support of their issues, produce to the court the following witnesses whose testimony, respectively, was reduced to writing, signed by them and filed in this cause, in order, to wit: And the court being duly advised in the premises, finds that the aforesaid will probated by a decree of this court under date of ................................, 19...., should not have been allowed as and for the last will and testament of the said decedent, ...... ................................, for the following reasons, to wit: [Here set forth the facts to avoid the probated will, as sustained by the proof.] ............ It is, therefore, considered, ordered and adjudged by the court that the aforesaid probated will be, and the same is, hereby set aside, annulled and avoided. [It is further ordered, adjudged and decreed by the court that the will of said decedent which bears date on the ..... day of, 19...., which is atteste by the signatures of .................... and ............................, which is mentioned and presented in the petition herein of the said plaintiff, and which was filed herein on the day of ................................, 19...., be, and is, admitted to probate, and that last said will, together with the evidence taken on the present hearing, be recorded in this cause.] [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 finding be against the contestant, substitute for the above finding and judgment the following: And it appearing from the evidence that the facts alleged in the petition of said contestant are not sustained, it is, therefore, ordered, adjudged and decreed by the court that the plaintiff in contest take nothing by this action, that the will presented with plaintiff's petition be, and is, denied probate, and that the costs of this proceeding be taxed to the said plaintiff, 70. ..... ............. Certificate of Probate Attached to Will. Be it known by these presents, that on this day of 19...., at a regular term of the .... court above named, pursuant to notice duly given, the last will and testament of ..., deceased, late of the County of............ and State of .............. the same being the annexed written instrument, was duly proved before this court and was duly established, allowed and admitted to probate by this court, in the manner provided by law, as and for the last will and testament of said ...... ..........., deceased, which said last will and testament and the evidence taken in relation thereto are duly filed and recorded in this cause in this court. In witness whereof, I, the undersigned ........ of the said court, have hereunto set my hand and the court's seal, at the city and State of..............................., this of .... in said County of day of..., 19..... ............ [Signature and seal of officer.] CHAPTER II. EXECUTORS, ADMINISTRATORS AND BENEFICIARIES. ARTICLE 1. PETITIONS, APPOINTMENTS, BONDS, OATHS AND LETTERS. 71. Special Petition for Appointment of Executor. [Title.] To the Hon., of said court: Your undersigned petitioner respectfully shows: ............ That on the ............ day of ...... 19...., in the above entitled cause in the above named court the last will and testament of ........... deceased, was duly proved, allowed and admitted to probate. And your petitioner is interested in the estate of said. decedent in this, to wit, ............. Wherefore petitioner prays that letters testamentary on said will be issued to, the executor therein named. [Signature of petitioner, by his attorney.] 72. Special Petition for Appointment of Administrator with the Will Annexed. [Title.] [As in No. 71 to *, and continue:] That no executor is named in said will. [Or, if a person be named in the will who is incompetent, state fully the objections.] That, who is related to said decedent in this, to wit, ., is next, by law, entitled to letters on said will. Wherefore petitioner prays that letters of administration with the will annexed be issued to the said, upon his executing a bond as required by the court, and otherwise qualify. ing for the duties of administrator in the manner required by law. 73. [Signature of petitioner, by his attorney.] To the Hon., of the said ....... court: Your undersigned petitioner respectfully alleges: That day of the State of died, testate [or, intestate], on or about the That said decedent was, at the time of h........ death, a resident of ............ in the County of ........, in the State of .......... That said decedent left personal estate to be administered within this County of............ in the State of the value of which does not probably exceed ............ dollars ($.............), and he also left real estate within this said State of...... (exclusive of the homestead), the annual rents and profits of which do not exceed dollars ($............), as your petitioner is reliably informed and believes. It is necessary that a special administrator be appointed to collect and preserve the property of said decedent, for reasons as follows, to wit, [Here set forth in full the statutory grounds which exist to justify the appointment of a special administrator.] Your petitioner is related to said decedent in this, to wit, cedent's estate. Wherefore your petitioner prays that ...he be appointed special administrator of said estate, to act until the necessity therefor ceases to exist. 74. [Verification, as in No. 9.] [Signature of petitioner.] Petition for Letters of Administration on the Estate of an Your petitioner undersigned respectfully shows: day of............, 19...., at in the County of ............ in the State of That said decedent, at the time of h........ death, was a resident of............ in the County of............ in the State of That said decedent left estate, real and personal, in this said County of in the State of the general description, value and character of which, so far as known to your petitioner, are as follows, to wit, That the whole estate and effects for, or in respect of, which letters of administration are hereby applied for, do not probably exceed the value of ............ dollars ($.............) That the names, ages and residences of the heirs at law of said decedent are all known to your petitioner [or, so far as known to your petitioner] (and) are as follows: That due search and inquiry have been made to ascertain if said decedent left any will and testament, but none has been found, and according to the best knowledge, information and belief of your petitioner said deceased died intestate. That your petitioner is related to said decedent in this, to wit. ............, and is, therefore, entitled to letters of administration on said estate. Wherefore your petitioner prays that a time be appointed for hearing this application, that due and legal notice of such hearing be made and served, and that upon said hearing letters of administration on said estate be issued to Respectfully submitted this ............. [Verification as in No. 9.] |