Petition of a party for support before the expiration of a year after Letters granted.

That your petitioner is one of the heirs at law (or legatees), of A. B., late of said place, deceased-that he has been informed and verily believes there are sufficient assets in the hands of C. D., executor, of the estate of the said A. B., deceased, to authorize the payment of such portion of the share of the personal property [or of the legacy], to which your petitioner is entitled, as may be necessary for the support of your petitioner and further, that your petitioner is in actual want of necessary support.

Your petitioner therefore prays that an order may be entered in your court, to compel the payment by the said C. D., to your petitioner, of such sum, at such times and in such manner, as may by the Surrogate be deemed proper, and he will ever pray, &c.

Please to take notice, that upon the petition, copy whereof you are herewith served, or is hereunto annexed, I shall move the Surrogate, at a Surrogate court, to be held in and for the county of wheresoever the same may be

,

then held, on Monday, the

day of

next, at ten

o'clock in the forenoon of that day, for such order as may be by said Surrogate deemed proper, in the premises.

On reading and filing the petition of C. B., praying an allowance out of the funds of the estate of the said deceased, for his support, and also an affidavit of the due service of notice of this application, and it appearing from the accounts of C. D., executor, that there is at least one third more of assets in his hands, than will be sufficient to pay all debts, legacies, and claims against the estate of said A. B., deceased, at this time known, it is ordered, that the sum of

dol

lars, be immediately paid by the said C. D., to the said C. B., in part of the legacy, bequeathed to him in and by the last will of the said A. B., deceased, upon the said C. B. executing a bond, together with L. M. and G. H., to the said C. D., executor aforesaid, in the penalty of lars, conditioned for the return of said sum of

dol

dol

lars, with interest, to the said C. D., when lawfully required so to do.

-000

Bond by Legatee or party in distribution, upon receiving

The condition of this obligation is such, that if the above

bounden C. B., who is a legatee of and under the will of A B., deceased, [or one of the next of kin, and entitled to a → distributive share of the personal property of A. B., deceased], shall well and truly pay to the said (obligee), the just and full sum of dollars, with lawful interest, for the same when thereunto required according to law, then this obligation to be void, or else, &c.

·000

Petition for sale of Real Estate.

To T. A. B., Surrogate of the county of

The petitition of C. D., executor of the last will and testament of A. B., deceased, [administrator of the personal property of A. B., deceased,]

Respectfully sheweth,

on the

The whole amount of the personal property of the said A. B., deceased, which has come to the hands of your petitioner to be administered, is the sum of dollars, as will more fully appear by the account audited and allowed by the Surrogate court of the county of day of that your petitioner has applied the same towards the payment of the funeral expenses and debts of the said deceased, in the manner particularly mentioned in the said account, and in the schedule marked A, to this petition annexed, and which he prays may be considered part hereof.

:

And your petitioner further shews that the whole amount of the debts now outstanding against the estate of the said A. B., deceased, as far as he has been able to discover the same, is the sum of dollars, which will more particularly appear by schedule B., to this petition annexed, and which forms part hereof. That the deficiency is the sum of

dollars, as will appear by the schedules aforesaid. And your petitioner further shews, that all the real estate of which the said A. B. died seized, consists of the following houses, farms, lots, pieces and parcels of land, to wit: one

feet on Main-street, bounded as follows: (take in boundaries) that the said house and lot is worth about the sum of dollars, and was the place of residence of the said A. B., deceased, and is now occupied by his widow and family, (or unoccupied, as the truth may be). Also(same formalities for all the different parcels of property).

And your petitioner further sheweth, that (in case of a will, C. B., G. B. and L. B. are the only devisees of said A. B., deceased, or in case of intestacy, the only heirs at law,) the said C. B. is of the age of twenty-six years, G. B. of the age of nineteen years the day of last past, and L. B. of the age of seven years the

past.

day of

last

Your petitioner therefore prays, that authority may be given to him by the Surrogate, to mortgage, lease or sell so much of the said real estate, as may be deemed necessary to pay the said debts, and he will ever pray, &c.

Signed.

·000·

County of
On the

day of

personally appeared before me, the subscriber, C. D., the above named petitioner, and being duly sworn, deposeth, that the facts in the above petition contained, are true, according to his best information, belief and knowledge.

·000·

Ten days, at least, before presenting the above petition, the executor will cause to be served on the minors and devisees, (if any reside in the county of such surrogate), the following:

Notice to Minors of intention to apply for Guardians.

You and each of you will please to take notice, that I intend to apply to the Surrogate of the county of

at

a Surrogate court to be held before him, at the Surrogate office, in the , on Monday, the

of

day of

at ten o'clock in the forenoon of that day, for the appointment of some disinterested freeholder as guardian, to appear for and take care of your interests in the proceeding in this matter.

This cause having been brought to a hearing, and the Surrogate being of opinion, that the question of fact, whether, &c., cannot be satisfactorily determined without a trial by jury, on motion of Mr. of counsel for

it is ordered, that a feigned issue be forthwith made up in this matter, in such form as to present the question aforesaid, and