That the last will and testament of said decedent was, on the ............ day of ................................, 19...., admitted to probate in the above entitled matter in this court; and it is necessary to determine whether the provisions made in said will for said widow are as valuable for her as the legal interests [or, dower] she may claim. ............. That said widow is insane [or, of unsound mind], she having been so adjudged by a decree rendered in the ........ court in and for the County of ........ in the State of a certified copy of which decree is hereto attached as Exhibit A and made a part hereof. And who resides at is the legal guardian of the person and property of said widow. Wherefore, your petitioner prays that a guardian ad litera be appointed herein for said widow, to the end that the value of the provisions made by said will for said widow may be ascertained, and all her rights in the estate be preserved. [Verification, as in No. 9.] [Signature of petitioner.] 151. Order Appointing Guardian Ad Litem for Widow Incompetent to Elect. [Title.] ............ Now, on this.... day of, 19...., this matter comes on to be heard on the motion of............ for the appointment of a guardian ad litem for the widow of said decedent, ........... and the court, being duly advised in the premises, finds .; that said widow is insane [or, incompetent by reason of her im becility of mind]. ........ Therefore, it is ordered by the court that be, and is, hereby appointed guardian ad litem for said incompetent widow, with power to proceed legally to have the value of the provision made for said widow under the terms of the last will and testament of said decedent ascertained, and to preserve all her rights in the estate. And, in open court, the said .......... appointment. appears and accepts said [Signature of judge or surrogate.] 152. Petition for Referee to Ascertain Value of Widow's Legacy. [Title.] Your undersigned petitioner respectfully alleges: That he is the guardian ad litem herein of ............, the widow of said decedent, [Show, also the incompetency of the widow and the necessity of determining whether the provisions made for her in said. will are as valuable as her legal interests (or, dower) in said estate, as in No. 150.] Wherefore your petitioner prays that some proper person be appointed a referee herein with instructions to ascertain the value of the provision made by the decedent, ............, in his will for his said widow, ............, and also the value of her legal rights [or, dower] in said estate, and to report his findings in the premises promptly to the court. [Signature of guardian ad litem.] NOTE: If a legal guardian of the property of the widow has been appointed, he should join in the above petition or be given notice of the hearing thereon. 153. Order for Hearing Petition for Appointment of Referee. [Title.] day of..... Now, on this .................................., 19...., this cause comes on to be heard on the petition of ............, the guardian ad litem herein of..... the incompetent widow of ............, deceased, asking that some proper person be appointed a referee herein [etc., as in No. 152.] And the court, being duly advised in the premises, orders that the........ day of............, 19...., at in the city of.... at the hour of o'clock, M., be appointed the time and place for hearing and determining said petition. It is further ordered that notice hereof be given to in manner as follows: [Signature of judge or surrogate.] 154. Order Appointing Referee to Ascertain Value of Widow's Legacy under the Will. [Title.] Now, on this............ day of ............, it appearing that the widow of said decedent, ............, is, by reason of her insanity [or, imbecility of mind], unable to make an election under the will of said decedent, as probated herein, it is ordered by the court that be, and is, hereby appointed a referee herein to ascertain the value of the provision made in said will for said widow, to ascertain the value of her legal interest [or, dower] in said estate, and to report the same promptly to this court. Thereupon, said referee, in open court accepts such appointment. [Signature of judge or surrogate.] 155. Report of Referee on Value of Widow's Legacy, Etc. [Title.] day of.... Now, on this ............, 19...., this matter comes on to be heard before the undersigned referee, on the order of reference entered in said cause on the ............ day of ............. 19..... Thereupon,............, the incompetent widow of the said decedent, ............., appears by her guardian ad litem, ............, and by the other interested parties in said estate, who also appear, either in person or by counsel, being the following: Whereupon, the Referee, being duly advised in the premises, finds that the value of the provisions made by the last will and testament of said decedent for his said widow and the value of the legal rights [or, dower] of said widow in and to said estate are, respectively, as indicated in the following schedule: ............. That the total value of the widow's legacies under said will is greater [or, less] than the total value of her legal interest [or, dower] in said estate, the difference being the sum of dollars ($............). ......... And the said Referee further finds that a judgment or order should be entered in said cause that an election for said widow be made to the effect that she take her legacies under said wil!, in lieu of her legal rights in said estate [or, to the effect that she take her legal rights (or, dower) in said estate, in lieu of the provisions for her in the will]. Respectfully submitted to the court. [Signature of referee.] 156. Motion Relative to Report of Referee. [Title.] Comes now the undersigned guardian ad litem appointed herein for the incompetent widow, of said deceased, and moves the court to render judgment confirming [or, setting aside] the report of the referee,..., appointed herein to ascertain the value of the provision made in the last will and testament of said decedent for his said widow, and also the value of her legal rights [or, dower] in said estate. [Said report should be set aside for the reason that the same is contrary to the law and the evidence, and for the further reasons, to wit, .............................] [Signature of guardian ad litem.] 157. Judgment on Report of Referee. [Title.] day of ..... Now, on this .... ................................, 19...., the above entitled matter comes on to be heard on the motion to confirm [or, set aside] the report made by a referee herein, showing the value of the provision made by the said decedent, ............, in his will for his widow, ............, to be the total sum of ............ dollars ($............), and the value of her legal interests [or, dower] in said estate to be the total sum of ............ dollars ($............); and the court being satisfied that the provision of said will is more [or, less] valuable and better [or, not so good] for her than [or, as] her legal interests [or, dower] aforesaid,* it is, therefore, ordered by the court that the report of said referee be, and the same is, hereby confirmed; and, further, that an election for said widow, by virtue of these proceedings, whereby she shall [or, shall not] take under said will be, and is, made. [Signature of judge or surrogate.] 158. Order Setting Aside Report of Referee and Ordering a New Reference. As in No. 157 to *, and continue: It is, therefore, ordered that said report be, and is, set aside and held for nought, and that the aforementioned matters of reference be, and are, hereby referred to who is directed to make to his findings in the premises without undue delay and report the same promptly to the court. And, now, in open court said referee, accepts such appointment. ............, appears and [Signature of judge or surrogate.] ARTICLE V. HOMESTEAD AND FAMILY ALLOWANCE. 159. Petition to Set Apart Homestead for Use of the Family. [Title.] To the Hon. ............ of said Court: Your petitioner undersigned respectfully alleges: 94 INTERSTATE PROBATE FORMS. That...he is interested in the estate of said decedent, in this, to wit, ....he is the ............ of said estate. That the said decedent,............., was, at the time of his death, a resident of the said County of .... in this State of ............ That, in the above entitled matter in the above named court, on the ............ day of............, 19...., letters were issued to as the of said estate, and thereafter the said returned and filed herein a general inventory and appraisement of the estate of said decedent. That the land described as ...... ..........., together with the dwelling house and other improvements thereon, located in the said county of............ and State of... ....., were occupied by the said decedent, ...... .................................., and h...... family, at and prior to the time of h.... death, as a homestead; and since the time of h.... death, and up to the present, the of said decedent ha...... remained in possession of said homestead, [or, same is claimed as and for the homestead of the family of said decedent, although no homestead has been selected, marked out, platted, recorded, or occupied heretofore by such family.] That the present family of said decedent now consists of the following named persons, to wit, Wherefore your petitioner prays that said homestead, which includes a quantity of land not exceeding apart for the use of the family of said decedent. 19..... .... acres, be set Respectfully submitted this ............ day of ........ .................................., 19..... [Signature, title and seal of magistrate.] 160. Petition of Administrator to Set Apart Exempt Personalty for the Use of the Family. [Title.] [As in No. 135 to signature, and continue with the following petition:] Wherefore the said executor [or, administrator] respectfully asks the court to make an order setting aside the personal property described in the foregoing inventory and appraisement, for the use of the decedent's said family, in the manner provided by law. [Signature of executor or administrator.] 161. Widow's Special Petition Relative to Personalty Due the Family. |