Studies in Civics Part 50

In Probate Court.

To the Judge of said Court:

The pet.i.tion of _________ of said _________, respectfully represents that _________ late of _________, deceased the _____ day of _________, at _____, died testate, as pet.i.tioner believe; that the instrument in writing herewith presented to this court, is the last will and testament of said deceased as pet.i.tioner believe; and that _________ the said pet.i.tioner _________ the identical _________ named and appointed in and by said last will and testament as executor thereof; that the heirs at law of said deceased are _________.

Your pet.i.tioner would further represent, that the goods, chattels and personal estate of said deceased amount to about _____ dollars; and that the said deceased left debts due and unpaid to the probable amount of _____ dollars.

Your pet.i.tioner would pray that a day be appointed for hearing the proofs of said last will and testament, and that public notice thereof be given to all persons interested, as this court shall direct; and that upon the proof and allowance of said will, and the approval of the bond of your pet.i.tioner _________, letters testamentary be to _________ issued thereon, and appraisers and commissioners appointed, according to the rules and practices of this court.

Dated at _____, this _____ day of _____, A.D. 18_____.

State of _________,} County of _______,}ss.

On this day of _____, A.D. 18_____, before me personally appeared the above named _____ and made oath that _____ he heard read the above and foregoing pet.i.tion, subscribed by _____ and know the contents thereof, and that the same is true of _____ own knowledge, except as to the matters which are therein stated to be on _____ information and belief, and as to those matters he believe it to be true.

ORDER ADMITTING WILL.

State of _________,} County of _______,}ss.

In Probate Court. Term _____, 18_____

In the matter of the estate of _____, deceased.

Pursuant to an order of this court made in the above ent.i.tled matter, on the _____ day of _____, 18_____, the hearing of the proofs of that certain instrument bearing date the _____ day of _____, 18_____, purporting to be the last will and testament of _____, deceased, came on this day; and it appearing to the satisfaction of the court that the notice directed in the order aforesaid to be given, has been given; thereupon _____ and _____, the subscribing witnesses to said instrument, were duly sworn and examined on behalf of the proponent thereof, their testimony reduced to writing, subscribed by them, and filed. And it appearing to the court after a full hearing and examination of the testimony in said matter, that said _____ died on the _____ day of _____, 18_____, testate, in the said county of _____, and that he was at the time of his death a resident of said county, and left a.s.sets therein; that said instrument offered for probate as and for the last will and testament of said deceased, was duly executed as his last will and testament by said testator according to law; that said testator, at the time of executing the same, was of sound mind, of lawful age and under no restraint, and that the same is valid and genuine; and no adverse appearance or objection being made:

Now, therefore, it is ordered, adjudged, and decreed, that said instrument be and hereby is established and allowed as the last will and testament of said _____, deceased, and that the same hereby is admitted to probate.

Ordered, further, that said last will and testament, with a certificate of the probate thereof, be recorded.

Judge of Probate.

CERTIFICATE OF PROOF OF WILL.

State of _______,} County of ______}

In Probate Court.

In the matter of the estate of _____, deceased:

Be it remembered, that on the day of the date hereof, at a _____ term of said probate court, pursuant to notice duly given, the last will and testament of _____, late of said county of _____, deceased, bearing date the _____ day of_____, 18_____, and being the annexed written instrument, was duly proved before the probate court in and for the county of aforesaid; and was duly allowed and admitted to probate by said court according to law, as and for the last will and testament of said _________, deceased, which said last will and testament is recorded and the examination taken thereon filed in this office.

In testimony whereof, the judge of the probate court of said county hath hereunto set his hand and affixed the seal of the said court, at _____ in said county, this _____ day of _________, A.D. 18_____

Judge of Probate.

LETTERS TESTAMENTARY.

State of _______,} County of ______}ss

The State of _______, to all to whom these presents shall come or may concern, and especially to _______ of the county of _______ and state of _______, greeting:

Know ye, that whereas, _______ late of the county of _______ and state of _______, lately died testate, and being at the time of his decease a _______ of said county, by means whereof the proving and recording his last will and testament, and granting administration of all and singular the goods, chattels, rights, credits and estate whereof he died possessed, and also the auditing, allowing and finally discharging the account thereof, is within the jurisdiction of the probate court of said county of _______.

And whereas, on the _____ day of _______, A.D. 18_____, at _______ in said county, before the Hon. _______, probate judge of said county, the last will and testament of the said _______ (a copy whereof is hereunto annexed) was proved, allowed and admitted to probate: And, whereas, _______, executor named and appointed in and by said last will and testament, has given bond, as required by law, for the faithful execution of said trust, which said bond has been approved by said judge, and filed in the aforesaid probate court; we therefore, reposing full confidence in your integrity and ability, have granted and by these presents do grant the administration of all and singular the goods, chattels, rights, credits and estate of the said deceased, and any way concerning his said last will and testament, unto you, the said _______ executor aforesaid: Hereby authorizing and empowering you to take and have possession of all the real and personal estate of said deceased, and to receive the rents, issues and profits thereof, until said estate shall have been settled, or until delivered over by order of said court, to the heirs or devisees of said deceased; and to demand, collect, recover and receive all and singular, the debts, claims, demands, rights, and chooses in action, which to the said deceased while living and at the time of his death did belong; and requiring you to keep in good tenantable repair, all houses, buildings and fences on said real estate, which may and shall be under your control, and in accordance with your bond approved and filed as aforesaid, to make and return into the probate court of said county of _______ within three months, a true and perfect inventory of all the goods, chattels, rights, credits and estate of said deceased, which shall come to your possession or knowledge, or to the possession of any other person for you; to administer, according to law, and to said last will and testament, all the goods, chattels, rights, credits and estate of the said deceased, which shall at any time come to your possession or to the possession of any other person for you, and out of the same to pay and discharge all debts, legacies and charges chargeable on the same, or such dividends thereon as shall be ordered and decreed by said court; to render a just and true account of your administration to said court within one year, and at any other time when required by said court, and to perform all orders and decrees of said court, by you to be performed in the premises.

In testimony whereof, we have caused the seal of our probate court to be hereunto affixed: Witness the Hon. _______, judge of probate, at _______, in said county, this _____ day of _______, A.D. 18_____.

Judge of Probate Court, County of _______, _______.

FORM OF WILL.

I, (name of testator), of (residence), being of sound mind and memory, do hereby make, publish, and declare this to be my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made.

First.--I order and direct my executors, as soon after my death as possible, to pay off and discharge all debts and liabilities that may exist against me at the time of my decease.

Second.--I give and bequeath unto my wife, (naming her, and specifying property bequeathed.)

Third.--I give and bequeath unto my son, (naming him, and specifying property bequeathed.)

And so on for each legacy.

Fourth.--I hereby nominate and appoint (naming the person or persons) as the executors of this, my last will and testament.

In witness whereof, I have hereunto subscribed my name, this day of _______, A.D. _______ Autograph signature of testator.

The above and foregoing instrument was at the date thereof signed, sealed, published, and declared, by the said (name of testator), as and for his last will and testament, in presence of us, who, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses.

Name _______, Residence. Name _______, Residence.

For citations, pupils should watch the newspapers and make clippings.

_District Court_.

HABEAS CORPUS.

State of _______,} County of ______}ss

District Court, Judicial District.

The State of ________ to

You are hereby commanded to have the body of ________, by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name the said ________ shall be called or charged, before the Honorable ________, judge of the district court, ________ to do and receive what shall then and there be considered concerning the said ________. And have you then and there this writ.