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[Formulate from No. 135, by substituting the name of the

widow for that of the administrator.]

162. Petition for Additional Allowance to Family During Ad

ministration.

[Title.]

To the Hon.

of said Court:

Your undersigned petitioner respectfully alleges:

That your petitioner is the ............ of said decedent,

That the present family of said decedent consists of the following named persons, to wit,

............

That on the .... day of, 19...., a general inventory and appraisement of said estate were returned and filed in this case in this court, from which it appears that the total value of said estate is the sum of............ dollars ($............). And said estate is....solvent.

........

That the separate inventory of the exempt personal property belonging to said estate made by the of said estate and returned and filed herein on the ...... day of.........., 19...., including the appraisement, shows the total value of said exempt personalty to be the sum of............ dollars ($...........). And such exempt personalty has, by order of the court, been set apart for the use of said family during the term of the administration of the estate.

That the exempt personalty, set aside as aforesaid for the use of said family, is (insufficient) for the support of the family for said term, and for that purpose an additional allowance out of other property of the estate should be made according to the prayer of this petition.

Wherefore, your petitioner prays that the following additional personalty, described in the general inventory and appraisement aforesaid, be set apart for the use of said family during said term, viz:

Description of property

Total value

Value

[Or, Wherefore, your petitioner prays that an additional allowance of........... dollars ($............) per month may be made for the maintenance of said family, out of the moneys belonging to said estate, during the said term of administration.]

.....

[Signature of petitioner.]
Subscribed and sworn to before me this
19.....

..........

day of

[Signature, title and seal of magistrate.]

163. Order Directing Administrator to Certify Appraisement of Property for Family Allowance.

[Title.]

[Formulate from No. 129.]

164. Administrator's Certificate of Appraisement for Family Al

lowance.

[Title.]

To the Hon.

of said Court:

The undersigned, administrator of the estate of, deceased, respectfully submits the following report of specific property set off to the widow of said decedent, in accordance with her relinquishment and selection and pursuant to the statute in such case made and provided, as follows:

Description of articles

Values

law

Total value

Value of specific property, as estimated and allowed by

Balance due the widow (for the use of the family) in money

And I do hereby certify that the valuations of the several articles of property appearing in the above schedule are as the same appear in the general appraisement made by the appraisers appointed for said estate on the day of............, 19...., which appraisement was filed in this court in this cause.

[Signature of administrator.]

19.....

Subscribed and sworn to before me this

........ day of

[Signature, title and seal of magistrate.]

165. Order Setting Apart Homestead for the Use of the Family.

[Title.]

Now, on this

............

day of

19...., application by

the ............ of said decedent, ............., having been made to the above named court in the above entitled matter, by petition, for an order setting apart, for the use of the family of said decedent, the certain premises hereinafter mentioned as the homestead, and it duly appearing to said court from the record and the evidence adduced in support of said petition:

That said decedent, at the time of his death, was a resident of the County of............ in this State of............, and that he left certain real and personal property in last said county:

That letters ................................ were duly issued to

of said decedent, and on the

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day of

............

.... as the ................................, 19...., said

.... duly returned a general inventory and an appraisement of said estate into this court in this matter:

That the tract of land hereinafter described, with the dwelling house and other improvements thereon, are now claimed by the of said estate as and for the homestead of decedent's family, no other homestead having heretofore been selected or occupied by such family in this State:

That the family of said decedent consists of.....

It is, therefore, ordered, adjudged and decreed by the court that all that certain lot, piece or parcel of land, situate, lying and being in the county of............ in the State of............, and bounded and described as follows, to wit, ............., together with the dwelling house and other improvements thereon, be, and the same is, hereby set apart for the use of the said family of the decedent, and the property included in such homestead shall not be subject to administration.

[Signature of judge or surrogate.]

Certificate.

State of..........., County of .....

I, .... of the ........ court of ......, do hereby certify that the above is a full and correct copy of the order and judgment of said court, setting apart for the use of the family of deceased, as a homestead the real estate therein described, as the same now appears of record in my office.

.........

I. P. F.-7

Witness my hand and official seal at this ............ day of

day of............, 19.....

[Signature, title and seal of officer.]

166. Order Setting Apart Exempt Personalty for the Use of the

Family.
[Title.]

........

............

Now, on this............ day of ............, 19...., it appearing that the administrator of the estate [or, the executor of the last will and testament] of said decedent, ............, together with the appraisers appointed herein, did, on the ........ day of............, 19...., return and file herein a general inventory and appraisement of all the real and personal property of said decedent's estate, of the total value of dollars ($), the value of all the personalty being the sum of... dollars ($....); that said administrator [or, executor] did, on the ............. day of ............., 19...., also return and file herein an inventory and appraisement of the separate personal property of said estate which the law directs to be set aside forthwith for the use of decedent's family, free from all debts and expenses of administration, the separate value of last said personalty being the sum of ............ dollars ($............); and the said ............ did, on last said date, also return and file herein an inventory and appraisement of the exempt personalty of the estate which the law directs to be set aside for the use of the family, subject to the payment of the preferred claims hereinafter mentioned, the separate value of last said personalty being the sum of............ dollars ($................................) ; and copy of the inventory and appraisement of all the aforesaid exempt personalty, containing separate schedules of the classes aforementioned, is hereto attached as Exhibit A and made a part hereof.

It is, therefore, ordered by the Court that the separate articles of personal property described in the first schedule of said separate inventory be, and the same are, hereby set apart for the use of said decedent's family, absolutely, free from all debts and expenses of administration; that the separate articles of personal property described in the second schedule of said separate inventory be, and the same are, hereby set apart for the use of said decedent's family, subject, however, to the payment of the debts incurred on account of decedent's funeral, his last sickness, and the administration of his estate, but no part of such exempt personalty shall be subjected to the payment of such preferred claims while there remains non-exempt assets of the estate sufficient for the payment of the same.

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It is further ordered by the court that all the personal property assigned as aforesaid to the members of said family, shall go to them in the following proportions, to wit: To the widow the part thereof; and to said child........, each, the one ............. part thereof: That the administrator [or, executor] shall forthwith deliver to said widow [and to the guardians, respectively, of the estates of said minors], forthwith, all the personal property described in the first schedule of said separate inventory: That said administrator [or, executor] shall, after creditors who hold preferred claims of the class aforementioned have had months legal notice to present such claims for settlement, and after last said claims shall have been paid, proceed to make distribution of the personal property described in the second schedule of said separate inventory, then remaining, to the said members of decedent's family in the proportions aforesaid, and then close the administration of said estate as summarily as conditions will permit.

And the ............ of this court will forthwith deliver to the said administrator [or, executor] a certified copy of this order. [Signature of judge or surrogate.] 167. Order for Additional Allowance for Use of the Family. [Title.]

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Now, on this............ day of ............, 19...., application having been made to the court by the petition of ... ............ of said decedent, ....., for an order setting apart for the use of said decedent's family, in addition to the allowance already made, the personal property hereinafter described, the court, being duly advised in the premises, finds that an additional allowance out of said estate is necessary for the maintenance of the family according to its circumstances during the progress of the settlement of said estate; and it is, therefore, ordered by the court that, in addition to the personal property heretofore set apart for the use of the family during the term of the administration of the estate, the following personal property described in the general inventory and appraisement of said estate, be also set apart for the use of said family during said term, viz:

Description of property

Value

Total value

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