Wherefore your petitioner respectfully prays that said widow, ............., may be cited to appear herein and make her aforesaid election. [Or, that a commission, with a copy of the will annexed, be issued and directed to............, to explain to said widow her rights in the premises both under the will and under the law, and to take, in writing, the widow's election as aforesaid, in the manner provided by law, and return ....h.... proceedings, without undue delay, to the court.] 140. Order for Citation to Widow. [Title.] [Signature of petitioner.] ....., the Now, on this ............ day of ...... 19...., on application of who claims to be interested in said estate in this, to wit, and for good cause shown, it is ordered by the court that the Clerk of this court issue, forthwith, a citation directed to the Sheriff of this county for service, requiring, .... widow of said decedent, ............, to appear before this court on the day of, at the hour of ........................ o'clock, M., and to then and there make her election whether she will take under the provisions of the last will and testament of the said decedent, or whether she will reject such provisions and be endowed of her dower and thirds as provided by law. [Signature of judge or surrogate.] 141. Citation to Widow. [Title.] : The State of To the Sheriff of said County: Greeting: Whereas, it appears from the record in the above entitled matter in the above named court that the last will and testament of............, deceased, was, on the day of..., 19...., admitted to probate herein; and that, under the provisions of said will, it is necessary for, the widow of said decedent to appear herein and either elect to take that which is given her under the will, in lieu of her dower and thirds allowed by law, or reject the provisions of the will to the end that she may receive her said dower and thirds instead thereof, in the manner provided by law: The said widow is, therefore, hereby commanded to be and appear before this court, at the...... room in the court house in the city of day of ............, 19...., at the hour of ............ o'clock, M., to receive of the court an explanation of said will and to make her ***, on the ..... court ............ 86 INTERSTATE PROBATE FORMS. election thereunder as aforesaid; and you, the said Sheriff, are hereby commanded to cite the said widow to be and appear before the court at the time and place last aforesaid, for the purposes aforementioned, by serving said widow with a duly certified copy of this order in the manner provided by law, and by making due return of said writ showing the manner in which the same was served. [Signature of judge or surrogate.] Certificate: State of...., County of ............, ss: I, the undersigned, Clerk [or, judge or surrogate] of the court in and for said County and State, do hereby certify that the foregoing and attached "Citation" is a true, correct and complete copy of an original citation as the same appears on file and of record in said court in the matter of the estate of deceased, the same being probate cause No. ............. Witness my hand and the seal of my said office, at day of, 19..... this [Signature and seal of certifying officer.] 142. Widow's Executed Release of Dower and Thirds in Lieu of the Will. [Title.] Know all men by these present that I, widow of deceased, late of the said County of............. and State of do hereby, for the consideration hereinafter mentioned, renounce and waive all my right, title and interest in and to that part of the estate of the said decedent which the law provides as my legal share thereof [or, dower therein]; and I do hereby elect to take, in lieu of such legal share [or, dower], the gifts and bequests made to me under the provisions of the last will and testament of my said deceased husband, said will having been admitted to probate in the above entitled matter in the above named court on the ..... .... day of............, 19..... this In witness whereof I have hereunto set my hand at [Widow's signature.] [Certificate of acknowledgment, as in No. 6.] 143. Widow's Executed Renunciation of the Bequests to Her under the Will. [Title.] widow of Know all men by these presents that I, said............, deceased, late of the said County of............ and State of do hereby renounce and quit all claim to the benefit of any jointure, bequest or devise made to me by the last will and testament of my said deceased husband, which was admitted to probate in the above entitled matter in the above named court on the ............ day of ............, 19...., and I do hereby elect to take, in lieu of the provisions made to and for me in said will, my legal share [or, dower] of the estate of my said deceased husband. In witness whereof I have hereunto set my hand at this day of..... 19..... [Widow's signature.] [Certificate of acknowledgment, as in No. 6.] 144. Motion for Commission to Take Election or Rejection of Widow under the Will. [Formulate by reference to No. 139.] 145. Order for Commission to Take the Election or Rejection of the Widow. [Title.] Now, on this day of, 19...., on the application of ............., and it appearing that, the widow of said decedent is, by reason of .............., unable to appear in court, it is ordered by the court that a commission, with a copy of the will annexed, be issued (under the hand and official seal of the Clerk of this court), directed to, to take the election, in writing and duly acknowledged, of said widow, as to whether she will take under the provisions of the will of her late husband or whether she will be endowed of her legal share [or, dower] of her said husband's estate; and to explain to her the nature of her rights both under the law and under the will. [Signature of judge or surrogate.] 146. Commission Appointed to Take Election or Rejection of Widow under the Will. [Title.] Whereas, it appears that .... cedent, .... is, by reason of .... the widow of the said deunable to appear in court for the purposes hereinafter stated relative to the will of said decedent; Now, therefore, by order of the court, ............ is hereby commissioned, authorized and empowered to be and appear at the ............ place where said widow may be found in this State, on the day of, 19..., at the hour of...... ........ o'clock, M., or as soon thereafter as convenience will permit, and then and there take the election of said widow to either accept the provisions of the will of her said deceased husband or reject the same, and explain to her the rights she possesses in said estate both under the will and under the law of descent and distribution. The election, when taken, together with the will and this commission, you will return to this court with the least possible delay, together with a certificate showing your proceedings hereunder. Witness my hand and the seal of my said office this ............ [Signature and seal of officer.] 147. Report of Commissioners on Widow's Election or Rejection. [Title.] ..... ........ ......... I [or, we], the undersigned commissioner [or, commissioners, do hereby certify that, by virtue of the foregoing and attached commission issued in the above entitled cause, I [or, we] personally appeared at ............. in the County of ....... in this State of on the ....... day of ............, 19....,at the hour of o'clock,..... M., and then and there in my presence [or, in the presence of each of us] also appeared.........., the widow of said decedent, in her own person; and then and there I [or, wej personally presented to said widow the said commission together with the last will and testament of said decedent, and explained to her the purposes for which the commission was issued, her rights under the will and her right to either accept or reject the provisions of the will in her behalf, as well as her legal right [or, dower] in the estate of her deceased husband, independent of the will; that, then and there, the said widow, in my presence [or, in the presence of each of us], declared and made known to me [or, us] that she renounced and waived all her right, title and interest in and to that part of said estate which the law provides as her legal share thereof [or, dower therein], and that she elects to take, in lieu of such legal share [or, dower], the gifts and bequests made to her under the provisions of said will. [Or, if she elects to take, in lieu of the provisions of the will in her behalf, her legal share of the estate, state that fact.] And, thereafter, said widow executed, in writing, her deed of election as aforesaid, and she duly acknowledged the execution of the same, the said writing having been filed in this court as a part of the record in this cause. I further certify that I am not attorney or a relative to any party interested in this probate matter, nor am I otherwise interested in said estate. Your petitioner undersigned respectfully alleges: That he is interested in the estate of the said decedent, ................., in this, to wit, ..... That ...... ............. who was heretofore appointed by the court to take the election of the widow of said decedent as to whether she would accept or reject the provisions made for her in said will, has filed his report herein showing such election. Wherefore your petitioner prays that an order be made and entered confirming said report. [Signature of petitioner.] 149. Decree Confirming the Report of the Commissioner. [Title.] day of ...... Now, on this ............, 19...., this matter comes on to be heard on the motion to confirm the report of the commissioner appointed herein to take the election of ............, the widow of said decedent, .........., as to whether she would accept or reject the provisions made for her in the will of her deceased husband; and, it appearing from said report and from the said widow's deed of election filed herein that she elects to take [or, not to take] under the said will, it is ordered by the court that said report and said election be, each, hereby approved and confirmed. [Signature of judge or surrogate.] 150. Petition for Appointment of Guardian Ad Litem for Widow Incompetent to Make Election under the Will. Your petitioner undersigned respectfully alleges: the widow of said decedent, and has an interest in said estate, in this, to wit, ........... |