............ ............ 74a. [To formulate a Petition for Letters of Administration De Bonis Non use No. 74 to *, and continue as follows:] That on the day of ............, 19...., in the above named court and in the above entitled cause, was duly appointed administra........ of said estate, and letters of administration to h........ issued on the ............ day of................................, 19....; that the said ............. ..... accepted said trust and continued to act as such administra........ until ............, 19...., when ....he died [or, resigned, or was removed, etc.] before having fully administered the estate: That the real and personal estate of said decedent remaining to be administered is of the value of about ............ dollars ($............), and the character and description of said property, as shown by the record herein, are as follows: ...... That the names, ages and residences of the heirs of said decedent, and their relationships, respectively. are known to your petitioner as follows: .... [If any are unknown state that fact.] Therefore, for the completion of the administration of said estate, 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 de bonis non be ordered issued to ............. 75. Order for Hearing Petition for Letters. [Formulate from No. 21.] 76. Waiver of Notice of Hearing Petition for Letters. [Formulate from No. 22.] 77. Notice for Hearing Petition for Letters. [Formulate from No. 23, omitting all reference to the will, if the case be on the estate of an intestate.] 78. Order for Conditional Appointment of Executor. [Title.] Now, on this............ day of ..... ..........., 19...., this matter comes on for hearing upon the petition of ............., praying the court that letters testamentary on the last will and testament of the said decedent, ............, issue to ............, the executor therein named, the court having heretofore made and entered its decree herein establishing said will and admitting the same to probate; and it appearing to the court, from the proofs adduced, that the heirs and legatees of said decedent have had due and legal notice of the pendency of, and the time fixed for the hearing of, said petition, it is considered, ordered, and adjudged by the court that letters testamentary on said will issue to ........ the person named therein as executor thereof, upon h........ filing the oath of office, and executing a bond to in the penal sum of ........ of this [Signature of judge or surrogate.] 79. Order for the Appointment of an Executor, Formerly Dis qualified. named as one of the executors in the will of the said deceased, was heretofore disqualified for said trust in that he was not of legal age (and in that he was, etc.,), and it further appearing that the said ............. is now fully competent to hold said trust, it is ordered by the court that letters Testamentary herein issue to him as such executor, with, the other executor named in said will, upon his filing the oath of office, and executing a bond to............ in the penal sum of ............ dollars ($................................), with sureties approved by the ............ of this court. [Or, if no bond be required by the will, omit the reference thereto.] [Signature of judge or surrogate.] 80. Order for Conditional Appointment of Administrator with the Will Annexed. ........ [Title.] Now, on this ............ day of ......, 19...., on application of it appearing that ......... who is named as executor in the will of the said decedent, fails to accept such trust [or, fails to give bond as required by law-or, is not of legal age, etc.], it is ordered by the court that letters of administration with the will annexed, on said estate, issue to.. ....... during the disqualification of the said executor, ............, but before such letters issue the said ............ is hereby required to execute and file herein his oath of office and his bond in the penal sum of ...... dollars ($............), approved by the............ of this court and conditioned as provided by law. ............ [Signature of judge or surrogate.] 81. Order for Appointment of Administrator of Estate of an Intestate. Now, on this ............ day of .... day of, 19...., on application of it is ordered by the court that letters of administration on the estate of............, deceased, late of ............, of the County of and State of............., be granted unto ............ ............., widow [or, husband.... or son.... or, daughter.... Etc.] of said decedent, upon h........ executing and filing herein h........ oath of office and h........ bond in the penal sum of............ dollars ($............), approved by the ............ of this court and conditioned as provided by law. [Signature of judge or surrogate.] 82. Order for Conditional Appointment of Special Administrator. [Title.] Now, on this............ day of.........................., 19...., on application of and for good cause shown, it is ordered by the court that be appointed a special administrator of the estate of the said decedent, ............, to collect and preserve the effects of the decedent until letters testamentary or of administration are granted, upon h........ executing and filing herein h........ oath of office and h........ bond in the penal sum of ............ dollars ($............................), approved by the of this court and conditioned as provided by law. [Signature of judge or surrogate.] 83. Order for Conditional Appointment of Administrator De Bonis Non. [Title.] Now, on this day of, 19...., on application of it appearing that .............. the executor [or, former administrator of the estate] of the said decedent,, is dead [or, is disqualified in this, to wit, ............], it is ordered by the court that letters of administration (with the will annexed) on said estate not already administered by the former executor [or, administrator], be granted unto............, upon [etc., as in No. 82.] [Signature of judge or surrogate.] 84. Bond of Executor or Administrator. [Title.] Know all men by these presents, that .... ........, as principal, and ............ and ............. as sureties, are held and firmly bound unto..... in the penal sum of ............. dollars ($............), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators and assigns, jointly, severally and firmly, by these presents. Witness our hands this day of..... 19....*. The condition of the above obligation is such, that, whereas, application has been made by petition to the... court within and for the County of............, and State of ........, for the ap ............ ............ pointment of the above named ............, principal herein, as the executor [or, administrator.... or, administrator with the will annexed] of the estate of............, decedent, late of the County of and State of............., and whereas, by order of said court, letters testamentary [or, of administration] were directed to be issued to said upon h........ taking and subscribing the oath required by law and executing a bond to in the penal sum of ............ dollars ($............), with sureties to be approved by the of said court. Now, therefore, if the above bounden, ............, shall faithfully execute h........ trust as such executor [or, administrator], according to law, then this obligation to be null and void, otherwise to be and remain in full force and effect. State of..... [Signature of principal.] [Signatures of sureties.] County of................., SS : and............, sureties on the foregoing bond, being duly sworn, say, each for himself, that he is a bona fide resident of said county. a freeholder therein, and is worth....... dollars over and above all his debts, liabilities and exemptions allowed him by law from sale on execution. 19..... [Signatures of sureties.] Subscribed and sworn to before me this [Signature, title, and seal of officer.] The above bond approved by me, by order entered on the day of ............, 19..... [Signature and seal of approving officer.] State of .............. County of ............, 8S: The following Schedue exhibits the resources and liabilites and net assets of the estate of a surety on the foregoing bond of............, the executor [or, administrator] of the estate of deceased: Property Statement: ............, (1) Resources Real estate Cash on hand (1) RESOURCES Bills, promissory notes and securities Books, prints and pictures Horses, cows and other domestic animals Wagons, carriages, automobiles, etc. Patents, copyrights and trade marks Stocks in corporations—not included above All other choses in action, and chattels Total Resources Notes and bills on absolute obligations Notes and bills which ought to be paid by other parties, including accommodation papers at Total Liabilities Total Assets (including exemptions) Exemptions allowed by law Net Assets $ Said surety is at present engaged in the business of State of............, County of (Signature of surety) SS: .............. being duly sworn on his oath says that ....he has read |