............, 19...., now, on apletters testamentary under titled matter on this .......... day of plication, the court grants unto said will, he being named as executor therein; whereupon he accepts said appointment, and presents his bond as such executor in the sum of ............ dollars ($............), with and ......... as sureties, to the approval of the court. [Or, if no bond be required, say: Whereupon he accepts said appointment, no bond being required by said will.] The oath of said executor is hereto attached. [Attach to No. 99.] [Signature of judge or surrogate.] 101. Letters of Administration with Will Annexed. [Title.] Now, on this ............ day of ............, 19...., it appearing that named as executor in the last will and testament of.........................., deceased, fails and neglects to accept and to qualify for said trust [or, fails to give bond as required by law.... or, being under the age of twenty-one years], letters of administration with the will annexed, on the estate of said decedent, are hereby, on application of ............, granted to; whereupon he accepts said appointment, presents his bond as such administrator in the sum of............ dollars ($...................), with .... and ............ as sureties, to the approval of the court, and takes and subscribes his oath of office, which oath is hereto attached. ...... [Signature of judge or surrogate.] 102. Letters of Administration. [Title.] Now, on this............ day of ........ ...., 19...., on application of it is ordered by the court that letters of administration on the estate of the said decedent,, be, and are hereby, granted unto ............; whereupon he accepts said appointment [etc., as in No. 101.] [Signature of judge or surrogate.] 103. Letters of Special Administration. [Title.] Now, on this ......... day of ................., 19...., on application of and for good cause shown, it is ordered by the court that be, and is, hereby appointed special administrator of the estate of deceased, and that letters of special administra ..... ............. I. P. F.-5 tion on said estate be, and are, hereby granted unto the said ............; whereupon he accepts said appointment [etc., as in No. 101.] 104. Letters of Administration De Bonis Non. [Title.] Now, on this............. day of ............., it appearing to the court that..... .......... the executor [or, executrix-or, former administrator or administratrix of the estate] of ............, deceased, has died [or, has remarried, etc.] after h........ letters herein were issued, on application of ............ it is ordered by the court that letters of administration [with the will annexed] on the estate of said decedent, not already administered, be, and are, hereby granted unto; whereupon....he accepts said appointment [etc., as in No. 101.] [Signature of judge or surrogate.] 104a. Bond of Executor as Residuary Legatee. [Title.] [As in No. 84 to *, and continue:] The condition of the above obligation is such, that if the above bounden ............, who is both the executor and the residuary legatee of the last will and testament of the said decedent, .............. shall faithfully administer said estate under the trust created by the will, pay the funeral charges, debts and legacies, and render on oath an account of his proceedings when thereto lawfully required, then the above obligation to be void, otherwise to remain in full force. [Signatures and seals of principal and sureties.] NOTE: For procedure in appointment of resident agent for an executor or administrator who is a non-resident, see page 112. ARTICLE II. RESIGNATIONS AND NEW APPOINTMENTS. 105. General Notice of Intention to Resign. [Title.] administrator [or, To surety on the bond of .... executor of the last will and testament] of the said decedent, and to all persons interested in the estate of said decedent: You are hereby notified that the undersigned, administrator of the estate [or, executor of the last will and testament] of said decedent, will, on the ............ day of ................................, 19...., at the hour of o'clock, ..... M., or as soon thereafter as said matter may be heard, at in the city of............ in said county of..... tender to the above named court, for its acceptance, his resignation of said office; and you are hereby summoned to be and appear before said court at the time and place aforesaid to show cause, if any, why said resignation should not be accepted. [Signature of executor or administrator.] 106. Notice to Sureties of Intention to Resign. [Formulate from No. 105, omitting all reference to the other parties interested in the estate.] 107. Resignation Executed by Administrator. [Title.] ...., administrator of the Comes now the undersigned, estate [or, executor of the last will and testament] of said decedent, ...... ............., who does hereby resign his office as such administrator [or, executor], notice of his intention to so resign having heretofore been given, as will appear from the proofs herein filed; wherefore the undersigned prays that this resignation be accepted and that he be discharged from the further exercise of the duties of said office. [Signature of executor or administrator.] 108. Consent to Resignation by Co-executor. [Title.] To the Hon. of said Court: I, ............, the undersigned co-executor of the last will and testament of the said decedent, ..., do hereby assent to the resignation of .... .... as one of the executors of said will. In witness whereof I have hereunto set my hand at this.......... day of, 19..... [Signature of co-executor.] 109. Order Accepting Resignation. Now on this............ day of ............, 19...., comes execu tor of the last will and testament [or, administrator of the estatel of said decedent, ..., after having offered, in writing, his resignation of said office, notice of said offer to resign having been given as required by the court, and, on motion of the said...... for good cause shown, it is ordered by the court that said resig nation be, and is, hereby accepted, and he is hereby discharged from further exercising the duties of said office. [Signature of judge or surrogate.] 110. Petition for Revocation of Letters. [Title.] To the Hon. of said court: Your undersigned petitioner respectfully alleges: ............. That he is an heir at law [or, a legatee, etc.] of the said decedent, and is thus interested in the honest and faithful administration of said decedent's estate; that the security of administrator of said estate [or, of..., the executor of the last will and testament of said decedent] has become insufficient; that..... ............, one of the sureties on the bond of said administrator [or, executor], has not property of sufficient value to secure the distributees and creditors of the estate against loss and damage which may occur in the administration of said estate [or, said administrator.... or, executor.... has permanently removed from this State of ............, or, has refused to render and file herein his last annual account as required by the court or, the said ............ administrator has become insane or, he has become an habitual drunkard.... or, he has been convicted of an infamous crime.... or, he is wasting the estate.... or, he procured his letters by false and fraudulent pretenses, in this, to wit, ................................, ....or, etc.] Wherefore, your petitioner prays that the letters of administration [or, the letters testamentary] so granted to the said ............. be revoked and repealed, and that letters............ be granted to................he being next entitled thereto. [Signature of petitioner.] [Verification, as in No. 9.] 111. Order Fixing Time for Hearing Petition. [Formulate by reference to No. 21.] 112. Citation to Executor or Administrator on Petition to Re voke Letters. [Title.] The State of...... ............: To... the administrator of the estate of [or, the executor of the last will and testament of] said decedent, ............: Notice is hereby given that on the ........ day of ............, 19...., a petition was filed in the above named court, in the above entitled matter, asking that said administrator [or, executor] be removed and discharged from the duties of his said office, for the following reasons, to wit, day of........., And pursuant to an order of said court in said cause, said petition will be heard by the court on the 19...., at the hour of .... .... o'clock, M., at .... ..... , at which time and place you the hereby directed to appear and show cause, if any, why your letters of ............ in said cause should not be revoked and why you should not be removed and discharged from the said office of ............. Witness my hand and official seal, at of ..... this ........ day [Signature and seal of judge or surrogate.] 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. 113. Order Revoking Letters Testamentary or of Administration. [Title.] Now, on this............ day of ................................, 19...., it appearing to the court that..........., administrator of the above named estate [or, executor of the last will and testament of the above named decedent], has failed to ..... [Here set forth the causes for removal as alleged in the petition.] Therefore, upon application of ............., it is ordered by the court that the said be, and is, hereby removed from the office of administrator [or, executor of the will] in said estate, and the letters of....... heretofore issued to him, by virtue of which he held said office, are hereby revoked. [And it is further ordered that letters of administrationwith the will annexed-on the estate of said decedent, not already administered, be, and are, hereby granted unto whereupon he accepts said appointment...., etc., as in No. 101.] [Signature of judge or surrogate.] ARTICLE III. INVENTORY AND APPRAISEMENT. 114. Motion for Order to Dispense with Appraisement. [Title.] To the Hon. ............. of said court: Your petitioner undersigned respectfully alleges: That the said decedent, ..., has expressed in his last will and testament a desire that no appraisement of the assets of his estate be made. [Or, that ...... the executor of the last will and testament of said decedent, is the sole legatee under said will, and has filed herein an approved bond with a condition to pay all the debts and legacies of the testator.] |