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TORONTO : ROWSELL & HUTCHISON, 1885. 1^< «5^^ TORONTO: ilOWSELL 4 HUTCHISON, PRISTERS, KING STREET. TheSu Pn Re, Ap Re Th Fe( Fo FORMS- 1. Ap 2. Ap COI 3. Ap leg 4. Ap 5. No Su pr( 6. No Su th( 7. No Su du au 8. No 9. Ali 10. Afi efi 11. A£ 12. Af 13. Oa 14. Oa 15. Oa 16. Ad CONTENTS. The Surrogate Courts—Rules : page. Procedure 1 Registrars 7 Appeals to the Court of Chancery 9 Removal of Causes . 11 The Surrogate Clerk 11 Fees 14 Forms 14 Forms— 1. Application for probate in common form by a sole e:(ecutor 15 2. Application for grant of administration with the will annexed in common form, where no executors appointed 16 3. Application for grant, in common form, where executor or residuary legatee has renounced probate or administration, with will annexed. 17 4. Application for grant of administration 18 5. Notice to be transmitted by Registrar of a Surrogate Court to Surrogate Clerk, of application made to such Court for a grant of probate to sole executor 19 6. Notice to be transmitted by Registrar of a Surrogate Court to the Surrogate Clerk, of application for grant of administration with the will annexed, where no executor appointed 20 7. Notice to be transmitted by Registrar of a Surrogate Court to the Surrogate Clerk, of application for grant where executor or resi- duary legatee has renounced probate or administration with will annexed 20 8. Notice of application for grant of administration 21 9. Affidavit of time of death and place of abode of testator or intestate. 22 10. Affidavit of value of property devolving, and of personal estate and effects 23 11. Affidavit of search for will 23 12. Affidavit of execution of will by subscribing witnesses 24 13. Oath of executor 25 14. Oath of administration with will 25 15. Oath for administrator 26 16. Administration bond 27 IV CONTENTS. FoRiifi— {Continued). page. 17. Administration bond for administrators with will annexed 28 18. Affidavit of justifioation by sureties 30 19. Probate 30 20. Letters of administration with will annexed 31 21. Letters of administration 32 22. Double probate 33 23. Exemplification of probate or letters of administration, with will annexed ,34 24. Exemplification of administration 35 25. Eenunciation of probate and administration with the will annexed. 36 26. Renunciation of administration 36 27. Election by minors of a guardian 37 28. Subpoena in proceeding, in common form, to bring in a script .... 38 29. Affidavit of handwriting 39' 30. Affidavit of plight, and condition, and finding 39' 31. Caveat 40 32. Warning to caveat 41 33. Notice of caveat being lodged with Registrar of a Surrogate Court, 41 34. Bond on appeal to Chancery 42 35. Non-contentious business book 43^ 36. Grant book 44 37. Process book 45- 38. Registrar book , 46 39. Caveat book 47 40. Certificate by the Surrogate Clerk upon notice of application for grant 48 41. Application book 49 42. Caveat book 50' 43. Grant book 51 Table of Fees 52-54 Surrogate Courts — Guardians 55 1. Application for letters of guardianship by one of the next of kin of infant children of deceased widower ... .58 2. Notice to be transmitted by the Registrar of a Surrogate Court to the Surrogate Clerk of application for letters of guardianship by one of next of kin of infant childi-eu of deceased widower 59 3. Letters of guardianship 59 4. Bond to be given by guardian 60 6. Guardian book — Surrogate Court . 61 6. Guardian book - Surrogate Clerk 62 PAGE. etl 28 30 30 31 32 33 with will 34 35 1 annexed. 36 36 37 cript 38 39' 39 40 41 ;ate Court. 41 42 43 44 45. , 46 47 ication for 48 49 50' 51 52-54 55 :t of kin of 58 3 Court to ianship by ir 59 59 60 . 61 62 INDEX TO RULES. N.B.— Where the letter 0. in prefixed to the number of the Rule, allusion ii made to the Rules as to Ouardianahip, pp. 55 and 57. Administration— • rule. By whom application for, to be made . ; 2 At desire of applicant Registrar may prepare application 40 Period after which administration, lento annexo may issue 3 " " administration shall issue 4 Application for, must be by petition, (see forms l---) 5 Period when affidavits for grant to be talten 6 Oath of, how to be worded 9 " to be in writing and subscribed 10 Grants of, to guardians during minority, how made 15 Opposition to application for, how commenced 23 See Probate, Renunciation. Administration — Limited— What necessary on special application for 12 Not allowed to persons entitled to a grant generally 13 * Two sureties required, and the amount of security 30 Administration— Special— Where Courts appoint special administrator, facts to appear in papers 1 1 How recitals in oath and letters to be framed 14 Two sureties and the amount of security 30 Affidavits — Period when affidavits to lead grant to be taken 6 The same as to usual oath of executors and administrators 6 Variance between affidavits and application, how treated 7 Oaths of administration, to be in writing, subscribed and sworn as. 10 Citations to be advertised require affidavit to lead 25 Deponent's addition and true place of abode to be inserted 32 Names, if two or more deponents, to be in Ju7'at 33 When deponent blind or illiterate, Jurat to be spjcial 3» No erasures or interlineation to be in Jurat 35 Not admitted if sworn before certain parties 36 Of sureties to bond on appeal 50 Appearance, see OpposinoN. vi CONTENTS. Appkai-s to Court of Chancery— rule. How regulated 50 On lodging of appeal, how proceedings stayed . . 51 Bond— Upon grant of administration (see forms 16 and 17) 27 Sureties in, to justify 28 Ab to sureties in ordinary cases of administration 29 As to sureties and bond in limited or special administration .... 30 Of appeal to respondent, requisites of 50 Of security in guardianship (form 4, page 40) G 5 Caveats- - Warning of caveat — non-contentious business 1 Requisitions in form of 18 Of no force or eflfect unless rule in substance complied with .... 18 In force for three months, but renewable 19 When caveat does not affect grant 20 How caveat to be warned as address of person entering 21 Mode of warning of caveat sent by Registrar 22 Duties of Registrars as to caveats lodged with them 49 Lodged with Surrogate Clerk, how to be endorsed and entered. . 57 Against letters of guardianship, practice as to G 4 See Opposition. Citations — Order of the Judge for citation, when necessary 17 When to be served as advertisements, and how 25 Under 27th section of Act, how to be served 26 Evidence — Execution of will or codicil, how to be proved 8 Will or copy, how and by whom to be marked 16 How subpoena to bring in papers procured 17 FEE.S— To Registrars for their own use (Table A, page 52) 63 " " on guardianships G 8 " Fee Fund, &c., to whom payable 64 " Attorneys (Table B, page 54) 65 " " on guardianship G 10 Grant, see Administration — Probate. Guardianship— Administration to guardians, when granted 15 Rules as to practice under 8 George IV. , chap. 6, (page 55) .... G 1 Practice in application for G 1 How applications to be made G 2 Form of notice of application, how made G 3 irS'^^" CONTENTS. VJI RULE. « '. 18 ^ • 18 1 . 19 'i . 20 ': 21 . 22 ; 49 1 .57 . G 4 . 17 . 25 . 26 8 . 16 . 17 . 63 . G 8 . 64 . 65 .G 10 . 15 . G 1 . G 1 . G 2 . G 3 :ration . . . I with . . . g ?e55) ... OvKRVtkynniv— [Continued). rule. Caveat against letters of guardianship G 4 Security of guar<1iaua hy bond G 5 Letters of guardianship (see form 3, page 59) G 6 Duties of Registrars as to books (see form 5, page 61) G 7 «' Surrogate Clerk as to books (see form 6, page 62) G 7 Fees of Registrars and Officers of Court G 8 '♦ to the Fund, &c .*. . G 9 " of Attorneys G 10 Notices— Under sec. 28 of Act, requisites of 42 Opposition- To application for grant, Low commenced 23 Eflfect of filing appearance on proceedings 24 Probate— By whom application for, to be made 2 Period after which probate may issue 3 Application for, must be by petition 5 Period when affidavits for grant to be taken ^ Oath of executors, how to be worded 9 «« " to be in writing and subscribed 10 Opposition to application for, how commenced 23 At desire of applicant. Registrars may prepare papers, &c 40 See Administration— Renunciation'. Pboof, see EviDENCEr Registrars — Office hours of 3' How to keep books, (see forms 35-39) 38 Duties of, as to keeping papers and records 39- " " numbering applications for grant 41 «« «< transmitting application to Registrar (see forms 5-8) 42 " " communications to Surrogate Clerks 43 •' " certificate of Surrogate Clerk 44 <« '« noting orders of Judge 45 <« " recording of orders of revocation 46 " " authentication of papers 47 «« " lists of grants and requisites thereof 48 " " caveats lodged with him 49 Fees of (see Table A, page 52) 64 Duties of, on guardianship, (see form 5, page 61) 7 Fees of, on guardianships G 8 -iSP^ Vlll CONTENTS. Removal of Causes — rule. How papers transmitted to Chancery 63 Renunciation — Notice of what proceedings, when filed 81 Revooation — Notice of, how entered 4Q List of, to be sent to Surrogate Clerk 48 7lULE8~ Provisions of 67 sec. of Act apply to construction . . 67 SCBP(ENA — To bring in papers, how procured 17 ScRROoATE Clerk — OflSce of, where to be kept and hours of 64 Duties of, as to communications received 55 '* " keeping books (see forms 41-43) 5„ *' " notices of application for grant 57 '* " search thereupon 58 , *' ' ' particulars of each grant .... 69 *' " special certificate, where other application or grant dubious, or name iden, ^naiis 60 " " communications with Registers 61 " " attending Judges under Act 62 " in guardianships, (see form 6, page 62) G 7-11 Variance — How remedied, if material between aflSdavits and application .... 7 Will— Execution of will or codicil, how to be proved 8 Or copy, when sworn to, how to be marked 16 ».»5» RULK. 53 31 46 48 67 17 64 55 5„ 57 58 69 tplication or na 60 61 62 G7-11 >lication 7 8 16 THE SURROGATE COURTS, ONTARIO. RXJT.KS. The Judges appointed under the fourteenth section of [■" T/ie Surrogate Courts Act, 1858," do, in pursuance of the Jpowers conferred by the said Act, order and direct that ^-the rules, orders, and directions hereinafter set forth, shall henceforth be the General Rules and Orders in non-con- tentious business : For regulating the procedure and practice of the Sur- f rogate Courts. 'i For regulating the duties of the several Surrogate Court Regi.strars, and the duties of the Surrogate Clerk ; and For fixing the fees to be taken by the Registrars and other Officers of the said Courts, and by Attor- neys practising therein ; and, also, In relation to the provisions of the said Act. i PROCEDURE. 1. Non-contentious business shall include all common form business as defined by the Act, and the warning of caveats. 2. Applications for probate or administration may be made through a solicitor or attorney, or in peison. 2 RULES. 3o No probate or letters of administration, with the will' annexed, shall issue until after the lapse of seven days from the death of the deceased, unless under the direction of the Judge. 4. No administration shall issue, until after the lapse of fourteen days from the death of the deceased, unless under the direction of the Judge. 5. Every application to a Surrogate Court for grant of I probate or administration, must be by petition, signed by 1 the applicant or his attorney. The subjoined forms, num- bered I, 2, 3, and 4, are to be followed as nearly as the circimistances of the case will admit. 6. The necessary affidavits to lead grant, and the usual oath of executors and administrators, may be taken at the time the application for grant is signed, or afterwards at any time before the application is r-ubmitted to the Judge for his order and direction. 7. If there should appear to be any material variance between the application and affidavits made in support^ thereof, the Judge may direct such application to be amen- ded according to the fact, and a new notice on such amen- ded application to be sent to the Surrogate Clerk. 8. Where there are one or mo*-e subscribing witnesses to a will or codicil, the due execution of such will or codicil shall be sworn to by any one of such witnesses, or the absence of such witnesses accounted for; in which last case such will or codicil must be established by other proof, to the satisfaction of the Judge. 9. The oath of administrators, and of administrators with the will annexed, is to be so worded as to clear off all )erson: the gra terests 10. ixecut Into wi lin affic II. lower ho, p %rant ( such a the oat tion, ai 12. ^ must bi bution or has Judge I 13. 1 the per shall bi 14. ] in the « framed 15. ( dians c infants minors may be RULES. 3- •n, with the will ^persons having a prior right tc the grant. In these cases of seven days fthe grant should shew on the face of it how the prior in- er the direction %erests have been cleared off. 10. The usual oath of administration, as well as that of ter the lapse of executors and administrators with the will, is to be reduced :d, unless under jnto writing, and to be subscribed and sworn by them as an affidavit. rt for grant of tion, signed by led forms, num- nearly as the , and the usual be taken at the ■ afterwards at d to the Judge terial variance ide in support 3n to be amen- on such amen- Clerk. 1 1. Under the statute the several Surrogate Courts have power to appoint an administrator other than the person ^ho, prior to the Act, would have been entitled to the grant (sec. 38.) Whenever the Court sees fit to exercise such a power, the fact should be made plainly to appear in the oath of the administrator, in the letters of administra- tionj and in the administration bond. . 12, Where limited administrations are applied for, it gnust be made to appear that every person entitled in distri- ilution to the personal estate, has consented, or renounced, i^r has been cited and failed to appear, except when the Judge sees fit otherwise specially to direct, "1; W ^3' No person entitled to a grant of administration of Ihe personal estate and effects of the deceased generally, ihall be permitted to take a limited grant. ig witnesses to will or codicil tnesses, or the in which last )hed by other administrators to clear off all f 14. In administration of a special character the recitals ih the oath and in the letters of administration must be framed in accordance with the facts of the case. - h ' 15. Grants of administration may be made to the guar- flians of infants and minors, for the use and benefit of such infants and minors during their minority, and elections by minors of their next of kin, or next friend, as the case ittay be, to such guardianship, shall be required. 4 RULES. 1 6. Every will or copy of a will, to which an executoj or administrator with the will is sworn, should be marker by such executor or administrator, and by the person befor| whom he is sworn. 17. In all cases where it is necessary to issue a citatioil to accept or refuse probate of a will, or to accept or refus| letters of administration,or where it is necessary to issue a; subpcena to bring in a testamentary paper, and in all simi lar cases, the order of the Judge must be taken, and sucll citation, subpoena, or other instrument issued by the Regis trar, in accordance with the direction of the Judge. 18. The party entering a caveat must declare therein tht nature of his interest in the goods of the deceased, and thi grounds upon which he enters such caveat, and the sani; shall be signed by the party, or by his attorney or solicito on his behalf, and the place mentioned as the address c the party entering the caveat ; and no caveat shall havi any force or effect unless the requirements of this rule bt in substance complied with. 19. A caveat shall remain in force for the space of three months only, and then expire and be of no effect ; bu; caveats may be renewed from time to time as heretofore. 20. No caveat shall effect any grant made on the day 01; which the caveat is entered, unless notice of such cavea; has been received prior to the grant passing the seal. 21. A caveat shall, be warned at the place mentioned in it as the address of the person who entered it. 22. It shall be sufficient for the warning of i caveat, thai the Registrar of the Court in which application for grant is made, send by public post a warning signed by himself bear- ing the seal of the Court, and directed to the person who Itered ii Idress r [23. Ar admin ISurrog torney, Ipearar ! given. to o irned t I24. W appe ct 1 a^iecial c ^25. Ci ilJBtrume tj|em in tile insei lepers, : iitne to tcf issue i26. C s^ved b ci the : l^al, Bi S|^cial ( ; 27. 1 tration i 0^ in a q|se ad I " 28. T I justil RULES. ch an execute- uld be marked le person beforl issue a citatioil iccept or refusi ssary to issue j| and in all simi :aken, and sucl ed by the Regis e Judge. :lare therein thi iceased, and thf :, and the sanit 'ney or solicito ; the address c /eat shall havi of this rule bt : space of Ihret no effect ; bu; as heretofore. e on the day oi: of such cavea r the seal. :e mentioned in it. )f .1 caveat, thai tion for grant is )y himself bear- tie person who Itered it, or to his attorney, if signed by at . ney, at the [dress mentioned in it. 123. Any person intending to oppose a grant of probate [administration, for which application has been made to ■Surrogate Court, must appear, either personally or by lorney, and enter an appearance in such Court, in which [pearance the address of the party, or of his attorney, shall I given. This rule is to apply whether the person intend- to oppose the grant has or has not been previously irned to a caveat, or served with a citation. [24. When a party intending to oppose a grant, has filed appearance with the Registrar, no further steps in f&pect to such grant shall be taken, except under the Special direction of the Judge. 25. Citations against all persons in general, and other is|struments heretofore required to be served by affixing tj|em in some public place, are in future to be served by tMe insertion of the same a., advertisements in such news- papers, local, British, or foreign, as the Judge may, from tirne to time, direct. Such citations can only be allowed t# issue in cases where there is an affidavit to lead them.- i 26. Citations under the 27th section of the Act may be s^ved by inserting the same as advertisements in such one o| the Toronto morning papers, and such other papers, Icjcal, British, or foreign, as the Judge cf the Court may, by S|^cial order, direct . ^ 27. The bond to be given upon any grant of adminis- tration shall be according to the forms 16 and 17 subjoined, 0^ in a form as near thereto as the circumstances of the ^se admit. 28. The sureties in such bond are required in all cases justify. <« RULES. 29. In ordinary cases, where property is bona fide under the value of fifty pounds, one surety only may be taken to the administration bond. 30. In all cases of limited or special administration, two sureties are always to be required to the administration bond, and the bond is to be given in double the amount of the fund to be dealt with under the administration. 31. Whenever any renunciation is filed subsequent to notice of application to the Surrogate Clerk, or any altera- tion is subsequently made in the grant ; notice of such renunciation or alteration is to be immediately forwarded 'by the Registrar of the Court to the Surrogate Clerk. 32. The addition and true place of abode of every person making an affidavit shall be inserted therein. 33. In every affidavit made by two or more persons, the names of the several persons making it are to be written in the jurat. 34. Where an atfidavit is made by any person who is blind, or who, from his or her signature, or otherwise, appears to be illiterate, the Registrar or Commissioner before whom such affidavit is made, is to state in the jurat that the affidavit was read in the presence of the party making the same, and that such party seemed perfectly to understand the same ; and also that the said party made his or her mark, or wrote his or her signature, in the pres- ence of the Registrar or Commissioner before whom the same was taken. 35. No affidavit should be admitted in any matter depend- ing in the Surrogate Court, in the jurat of which there is any interlineation or erasure. 36. Nc :fore th ifore hi ttorney. teceivec proceed -I ,, , 40. V torobate ^hich a ipplica ■^usines 41. i tration order ii " Recei 18-,- cntry tl purpos liunibe RULES. nafide under ^ be taken to istration, two dministration he amount of ration. ubsequent to Dr any altera- otice of such :ly forwarded te Clerk. " every person e persons, the to be written •erson who is or otherwise, I!ommissioner :e in the jurat : of the party :d perfectly to d party made e, in the pres- )re whom the latter depend- which there is 36. No afifidavit is to be admitted which has been sworn jfore the party on whose behalf the same is offered, or ifore his attorney, or before the clerk or partner of such ttorney. REGISTRARS. 37. Every Registrar of a Surrogate Court, being also jlerk of the County Court, shall keep his office open on iich days and during such hours as the office of the Clerk the County Court is required to be kept open ; and /ery Registrar who is not the Clerk of the County Court lall keep his office at the county town, and shall keep the lame open during such hours as the Judge shall prescribe. 38. Every Registrar of a Surrogate Court shall keep tooks as nearly as may be in the manner shewn in the Torms, numbered 35, 36, 37, 38, and 39, set forth below. 39. Every Registrar shall duly endorse and file all papers received by him, ana enter a note thereof, and of every proceeding in the Court in the books to be kept. 40. When it is desired by any applicant for grant of orobate or administration, the Registrar of the Court in Ijrhich application is to be made may prepare the form of '|pplication,and all other forms necessaryinnon-contentious lousiness, without the intervention of a solicitor or attorney. 41. All applications for the grant of probate or adminis- tration received by a Registrar, shall be numbered in the sorder in which they are received, and be endorsed thus: — Received and filed the day of , 8 — , , Registrar of sa'd Court." And an entry thereof shall be made in the bo- x \o be kept for that wf.purpose, with a number prefixed to correspond with the lumber on the application to which such entry relates. 8 RULES. 42. Notices of applications to be transmitted to " The j Surrogate Clerk," under the 28th section of the Act, are to! contain the Christian and surname, residence and addition of the deceased, the time of his death, Christian and sur- name, residence and addition of applicant, nature of appli- cation, Court in which made. Forms 5, 6, 7, and 8, are| subjoined, to be varied according to the circumstances. 43. Ail papers and communications from Registrars to the Surrogate Clerk shall be transmitted through the post office, the letter or packet to be registered and prepaid, and addressed thus : The Surrogate Clerk, TORONTO. From the Surrogate Court, County of -, 44. Every Registrar, upon receipt of a certificate from the Surrogate Clerk touching an application made to the Court of which he is Registrar, shall forthwith enter a note thereof in the book to be kept for that purpose ; and shall, as soon as may be thereafter, lay such application, and all papers in relation to the same, before the Judge, for his order and direction thereupon. 45. Every order made by the Judge upon or in reference to any application, shall be noted by the Registrar in the books to be kept for that purpose. 46. When the Judge makes an order for the grant of pro- bate or administration, the Registrar shall record such grant in the" Register Book," and in case of the grant of probate RULES. » ted to " The e Act, are to and addition Ian and sur- ure of appli- 7, and 8, are mstances. Registrars to ugh the post prepaid, and rtificate from made to the with enter a 3urpose ; and 1 application, re the Judge, ir in reference zistrar in the 2 grant of pro- Drd such grant int of probate [or letters of administration with the will annexed, an exact [copy of the will, and codicil, if any, to which such probate for administration relates, shall be under-written. If a grant jbe afterwards revoked, a note of such revocation shall be [entered across the record of grant in the Register Book. 47. All probates and letters of administration shall be J signed by the Registrar, and sealed with the seal of the ^ Court from which they are issued, and the copy .\ J. " and codicil, if any, annexed to a probate or to letters of ' administration, shall be authenticated by the signature of the Registrar. 4S. The list of grants of probates and administration, and of revocation thereof, required under the 30th section of the Act, to be sent by Registrars to the Surrogate Clerk,, are to contain in each case the Christian and surname, residence and addition of the deceased, the time of his .eath, date of the grant, name, residence and addition of :xecutor or administrator, nature of grant, and in what [Surrogate Court. 49. Every Registrar of a Surrogate Court shall number, lendorse, and enter all caveats lodged with him in the same manner'a.i provided in respect to applications for grants ;, ?,and notice thereof, in the form No. 33, shall be sent to the Surrogate Clerk by the next post after such caveat has- been lodged. APPEALS TO THE COURT OF CHANCERY. 50. Appeals under the twentieth section of the Act shall le subject to the following regulations : In case any person desires to appeal from any order, sentence, judgment, or decree of a Surrogate Court, or from jfche determination of the Judge thereof or any point of law— 3 IQ RULES. I. He (or in case of his absence, some one on his behalf,) shall, with two sufficient sureties, execute a bond to the respondent in the sum of two hundred dollars, to the effect, that the appellant will effectually prosecute his appeal, and pay such costs, charges, and expenses as shall be awarded in case the order or decree, as the case may be,) shall be affirmed, or in part affirmed. t II. The sureties to such bond shall make affidavit as to their sufficiency. III. An affidavit of the execution of the said bond shall be made by the subscribing witness thereto. IV. An affidavit shall be made by the appellant, his attorney or agent, that the goods, chattels, rights, or credits, to be affected by such order (or decree, as the case may be,) are over the value of two hundred dollars. V. The said bond and affidavits shall be filed with the Registrar of the Surrogate Court. VI. A notice of sich appeal shall be served by the appellant on the opposite party, his attorney or agent. Jf such bond and affidavits be made and filed, and such notice be served within fifteen days next after the order, sentence, judgment, decree, or determination appealed against, the appeal shall be held by such Surrogate Court to be duly lodged. 51. When an appeal is so lodged, the Judge of the Surro- gate Court shall, on the application of the appellant, order all proceedings in the matter to be stayed. 52. Upon certificate from the Registrar of the Court of ^ [Ihancer )ffice, tl ipplicat ;;ourt fc b the J instrum^ lepositt 53- ^ ^ourt c the Act ipplicat rem ova! the pap of the ( fcribe. RULES. 11 his behalf,) lond to the o the effect, appeal, and be awarded >e,) shall be fidavit as to i bond shall ppellant, his p ts, or credits, | case may be,) led with the rved by the or agent. led, and such er the order, on appealed rogate Court of the Surro- pellant, order r th-. Court of :hancery, that the petition of appeal has been filed in his office, the Judge of the Surrogate Court shall, upon the ipplication of the appellant, order the Registrar of the ;;ourt forthwith to transmit (at the expense of appellant) to the Registrar of the Court of Chancery the documents, Instruments, affidavits, and papers, in the matter appealed, Jeposited, or filed in such Surrogate Court. REMOVAL OF CAUSES. 53. When a cause or proceeding is removed into the 'ourt of Chancery, under the twenty-second section of le Act, the Judge of the Surrogate Court shall, upon the Application of the party who has obtained the order for ;moval, in like manner as mentioned in Rule 52, direct le papers in the matter to be transmitted to the Registrar \[ the Court of Chancery. THE SURROGATE CLERK. 54. The Surrogate Clerk shall keep an office at such llace as the Judges of the Court of Chancery may direct End such office shall be kept open daily, except on the lippointed holidays of the Court, for and during such iours as the Judges of the Court of Chancery shall pre- scribe. r 55. Every office day the Surrogate Clerk shall procure from the Toronto Post Office such letters and communi- •Cations as may have been mailed and addressed to him as the Surrogate Clerk. 56. The Surrogate Clerk shall keep books as nearly as l^ay be in the manner shewn in the forms numbered 41, ^, and 43, set forth below, and which books he shall keep ily indexed from time to time. 57. All notices of application to any Surrogate Court y the grant of probate or administration received by the 12 RULES, i -y ti: Surrogate Clerk, shall be numbered in, the order in which they are receive ^, and be endorsed thus :— " Received and filed the day of , i8— , , Surrogate Clerk ;" and an entry thereof shall be made in the book to be kept for that purpose, with a number prefixed to corres- pond with the number on the notice of application to which such entry relates ; and all caveats and copies of caveats lodged with and received by the Surrogate Clerk, shall in like manner be numbered, endorsed, and entry thereof be made in the book to be kept for that purpose. 58. The Surrogate Clerk, upon receiving a notice of application for probate or administration, if seven days in cases of testacy, and fourteen days in cases of intestacy, have elapsed after the death of the deceased (as shewn in the notice) shall forthwith make the necessary search and examination in the books required to be kept by him, and amongst the original papers on file in his office ; and on the next office day after the receipt of such notice shall mail a certificate as to such search according to the form numbered 40, or as near thereto as the circumstances of the case will admit. If at the time of receiving a notice of application the periods aforesaid shall not have expired, the Surrogate Clerk shall not make such search and exammation, nor shall such certificate be sent until the eighth day after the death of the testator, and the fifteenth after the death of the intestate, according to the time of decease, as shewn in the notice of application for probate or administratior, 50. The Surrogate Clerk shall extract from the lists furnished to him under the 30th section of the Act, the particulars of each grant, and shall enter a note of the same, placing it in its alphabetical order under the first letter of the surname of the testator or intestate, in the book to be kept by him for that purpose, and shall also note in such book every revocation of a probate or adminis- tratior of rev< shall t in resj 60. kept 1 origin decea: admir ing, y of the iOr in : or ins wheth been Surro in sue 61. Regis [addre "-^Judg ;£ shall RULES. 18 :r in which iceived and , Surrogate :he book to d to corres- on to which of caveats ;rk, sliall in r thereof be a notice of ven days in of intestacy, as shewn in / search and by him, and ; and on the e shall mail a :m numbered ■ the case will f application ;he Surrogate nmation, nor day after the the death of e, as shewn in nistratiot, from the lists the Act, the^ a note of the inder the first i testate, in thei and shall also] ateor adminis-i tration notified to him ; and all lists, copies of will, returns of revocations, and papers received by the Surroj, ':e Clerk, shall be filed and endorsed in like manner as is provided in respect to notices of applications for grants. 60. If it shall appear from the entries required to be kept by the Surrogate Clerk, or from inspection of the original papers on file in his office, that the name of the deceased person, as given in any application for probate or administration, although not identical in the mode of spell- ing, yet it is, or appears to be, idem sonans with the name of the testator or intestate, as given in any other application or in any lists of grants on file, or if on such examination 'or inspection it shall for any other cause appear doubtful whether another application or an actual grant has not [been made in the goods of the same deceased person, the Surrogate Clerk shall certify the special matter as disclosed in such search and inspection by him. 61. All communications from the Surrogate Clerk to Registrars of Surrogate Courts shall be by registered letter, (addressed thus : The Rkgistrar of the Scrrogate Court of THE County of (cw tlit case may he). (Insert Post Office Address). From the Surrogate Clerk. _ 62. The Surrogate Clerk shall attend the meetings of the Judges appointed under the 14th section of the Act, and shall perform such duties, as their Clerk, as may be required )f him. ^' 14 RULES. FEES. 63. Registrars and other officers of Surrogate Courts shall be entitled to take and receive to their own use, the fees set forth in the tables of fees subjoined, marked A, for the performance of duties and services under the Act in non-contentious cases. 64. The fees payable to the fee fund, and to the Judge and Registrar, on business and proceedings in the Surro- gate Courts, as well as postage v/hen necessary, shall be paid *-> the Registrar, in the first instance, by the party 011 whose behalf such proceeding is to be had, on or before such proceeding. 65. Attorneys practising in the said Courts shall be entitled to take for the performance of business and ser- vices under the Act, in non-contentious cases, the fees set forth in the subjoined table, marked B. FORMS. 66. The subjoined forms, numbered i to 39, inclusive, are to be adopted and followed in the several Surrogate Courts as nearly as the circumstances of each case will allow. 6j. In the construction of these Rules, the provisions contained in the 67th section of the Act shall apply, ROBERT E. BURNS, j. J. G. SPRAGGE, V. C. J AS. R. GOWAN, CO. J. Torofiti , 29th November, 1858. t'OUMS. 15 jate Courts \vn use, the irked A, for the Act in the Judge the Surro- ry, shall be he party on n or before ts shall be ss and ser- the fees set 9, inclusive, 1 Surrogate :li case will ; provisions apply. NS. j. f. C. CO. J. FORMS. 1. AppHcntlon for Prolate in amimufm-m by a Sofe K.recutor. I Unto the Surrogate Court of the County (or Un ted Counties) of Tlio petition of A. B., of tlie- .f , Esq. -of -, iu the County -of- «.t' Humbly sheweth, That C. D., late of the , snryeon, deceased, died on or about the A. D., 18-. at , in, &c., and that the .said in the County -dav of , deceased at the'time of his death, had his fixed place of abode at in the said County ot , [or " had no faxe.1 place lof abode in Ontario," {or '« resided out of Ontario.") "but had at such time personal" (or " veal") " estate in the said County ol ] "] That the said deceased in his life time dulymaoe 1 his last will and testa-nent, bearing date the day ot- , iS-, land codicil {or codicils) bearing date the -— day ol ^ J) i8_] That your i)etitioner is the executor ,,uned \n the said wiil) or codicil.) That the value of the i>er- jsooal e.state and effects of the said deceased, which he ^- --y^ died possessed of or entitled to, and for and in respect to . 1 icl H probate of the said will (and codicil) is to be granted, are o o. [about the value of — dollars, to the best ot your pe Utin^ a knowVdge and belief. Wherefore your petitioner prays .hat pro- ■ bate of the said will (and codicil) of the said deceased ma) be , granted to him by this honorable Court. Dated the day of- 18- A. B., Or if signed by Attorney of applic nnt A B., by his Attorney E. F., one, &c. 16 FORMS. M t'iX 2. Application/or Grant of Administration with the Will annexed f in common form, tohere no Executors appointed. Unto the Surrogate Court of the County (or United Counties) of The jjetition of A. B., of the of , Esquive, HumVjly sheweth, -of -, in the County That C. D., late of in the County of spinster, deceased, died on or about the day of , A. D. 18 -, at , in, &c., and that the said deceased at the time of her death, had her fixed place of abode at , in the said County of , \or « had no fixed place of abode in Ontai-io," {or "resided out of Ontario,") " but had at such tmie personal" {or '■ real") " estate in the said County of ,"] that the said deceased in her life time duly made her last will and testament, bearing date the day of , A. D. 18— ,[and codicil {or codicils) bearing date the day of , 18—.] That no executor is named in the said will (or codicil.) That your petitioner is the residuary legatee {or as the case man he) ■named in the said will (or codicil.) Thac the value of the per- sonal estate and eflfects of the said deceased, which she in any way died possessed of, or entitled to, and for and in respect to which a probate of the aaidicil.) That case maij he) 16 of the per- ;h she in any in respect to ) be granted, best of your tion. with the te and effects }d to him by ' of applicant, ?,, one, (fee. Residvxtry Legatee has renounced Probate or Administration with Will annexed. ^ Unto the Surrogate Court of the County (or United Counties) of The petitic- of A. B. of the- lof , Esquire. Humbly sheweth, -of , in the County That C. D., late of the of ^ in the County lof , surgeon, deceased, died on or about the day of , A. D., 18—, at , in .tc, and that the said deceased at the time of his death, had his fixed place of abode .at , in the County of , [or " had no fix. I place .of abode in Ontario," {or « resided out of Ontario,") " but had at f^uch time personal" (or " real") - estate in the said County of That the said deceased in his lifetime duly made his last will and testament, bearing date the '■ day of - A.B., 18—, land codicil {or codicils) bearing date the — oi-- , A. D. 18—.] day That E. F., of , the executor {or residuary legatee, &c.) named in the said will, has by deed hereunto annexed, duly renounced all right and title to [the probate and execution of the said will (and codicil, if any,) or letters of administration to the personal estate and effects of deceased.] That your j)etitioner is {state relationship to deceased.) ^ That the value of the whole property devolving under the said will fVand codicil) is under dollars, and that the personal estate I and effects of the said deceased, which he in any way died pos- sessed of or entitled to, and for and in respect to which a I probate of the said will (and codicil) is to be granted, are of or ^ about the value of dollars, to the best of your petitioners Jknowledge, information, and belief. Wherefore your petitioner prays that administration with the J^' 18 FORMS. said will (ar ■ codicil) of the said deceased annexed, may be granted to him by this honorable Court. Dated the day <>f- -, A. D. 18- A. B. Or if signed by Attorney of applicant, A. B., by Ms Attorney, G. H., one, &c. 4. Apjdicatlon fm' Grant of Administration. Unto the Surrogate Court of the County (or United Counties) of The petition of A. B., of the of , spinster. Humblv shewcth. of -, in the County That C. D., late of the of of , in the County -, merchant, deceased, died on or about the day of , A. D. 18—, at , in, &c., and that the said deceased at the time of his death, had his fixed place of abode at , in the said County of , [or " had no fixed place of abode in Ontario," (:>r " resided out of Ontario,") " but had at such time peasonal" {or real") " estate in the said County of ," That the said deceased died a bachelor, without paient, brother, or sister, uncle or aunt, nephew or niece (to he varied according to the circumstances of the case,) and without having left any will, codicil, or testamentary paper whatever, and that your petitioner is the lawful cousin-german and next of kin of the said deceased (to be varied according to the circumstances of the case.) That the personal estate and effects of the said decoased, which he in any way died possessed of or entitled to, and for and in respect to which letters of administiatiou are requested to This n of- rORMS. 10 ed, may be of applicant, ., one, &c. be granted, are of or about the value of dollars, to the best of your petitioner's knowledge, information, and belief. Wherefore your j)etitioner prays that administration of the personal estate and eflfects of the said deceased may be granted and committed to her by this ho'aorable Court. Dated this day of- -, 18—. A. B., Or if signed by Attorney of applicant, A B., by her Attorney, E. F., one, «fec, n. ed Counties) the County I the County day of hat the said ace of abode liad no fixed ario,") " but said County ;lor, without • niece (to he and without 'hatever, and lext of kin of umstances ol fiid deceased, , and for and requested to Xotice to he transmitted by Registrar of a Surrogate Court to the Surrogate Clerk, of application made to such Court for a Grant of Probate to Sole Executor. The Surrogate Court of the County of ^• To the Surrogate Clerk : Take notice, that application has been made to the Surrogate Court of the County of , for a grant of probate of the will bearing date the day of , A. D. 18-, [and codicil (or codicils) bearing date the day of- , A. D. 18- , ot ^ late of . , in the County of , deceased, surgeon, who died on or about the day of , A. D. 18-, having at the time of his death, a fixed place of abode at „__J , in the said county of , [or " no fixed place of abo in Ootario," irae personal" by A. B., of , the resi- said will (or luary legatee g been named tion with the will annexed, the said will bearing date the day ^£ A. D., 18—, [and the said codicil {or codicils) bearing date the '— day of , A. D., 18-,] of , late of or -, in the County of about the day deceased who died on -, A. D., 18 — , having at the time of his death a fixed place of abode at , in the said County ^^ , [or " no fixed place of abode in Ontario," {or " resided out of Ontario," but having at such time personal" {or '^ real") estate in the said County of in the County of -,"] by A. B., of the of _ , the residuary legatee {or as the case may he) named in the said will {or codicil,) {or by J P the Attorney of A. B., the residuary legatee named in the said will or codicil,) E. F. of the of -, in the Cx^unty Qf ^ , the executor {or " residuary legatee, etc.,) named in the said will, having renounced all right to the probate and executorship of the said will and codicil (if any) or to letters of administration to the personal estate and effects of the said deceased. Application received the of , 18—. This notice mailed the of , 18-. Bi-ii'islrar of the said Court. of said Court. igate Court to here Executor r Administa- he Surrogate )f administra- 8. Notice of Application for grant of Administration. The Surrogate Court of the County of To the Surrogate Clerk : Take notice that application has been made to the Surrogate Court of the County of , for a grant of letters of adminis- tration of the personal estate and effects of , late of the of , in the County of , deceased, who died intestate on or about the , A. D. 18 — , having at the time of his denth a fixed place ot abode at , i" the said day of Lime Ul Ilia uei. vu I. ...^v-^- I _ • I) / County of , [or - no fixed place of abode m Ontario, {or 22 FORMS. " resided out of Ontario,") " but having at such time personal" {or •' real") " estate in the said County of ,"] and who died without child or parent, brother or sister, uncle or aunt, nephew of in the or niece, him surviving, by A. B., ol the County of , > <>^^ of the lawful cousins-german and next of kin of the deceased, {or by J. P., the Attorney of A. B., one of the &c.) Application received the day of 18—. This notice mailed the day of 18- I Jieyistrar of the said Court, 9. Affidavit of "Time of Death, and place of Abode of Testator or Tntestate. In the Surrogate Court, County of • In the goods of W. A., deceased. I, A. B., of the of , in the County of , , make oath and say, that I am | one of the executors (or the executor) named in the last will and testament (or codicil) of the said W. A., deceased, (or the party applying for adminis- tration of the will and codicil, (if any,) annexed or adminis- tration of the personal estate and effects of the said W. A., deceased.] That said deceased died on or about the day of •, A. D., 18 — , at , and that the said deceased, at the time of his death, had his fixed place of abode at , in the saiil County of , [or " had no fixed ])lace of abode in Ontario," (or " resided out of Ontario,") " but had at such time personal" (or "real) " estate in the said County of ."] Sworn at the in the County of ■ day of , A.D, 18—, before me. A. B. Person authorized to admiiikler oaths under the Act, 3 said Court. Testator or FORMS. 23 10. Af davit of Value of Property devolving, a)ul of Personal Estate and Effects. In the Surrogate Court, County of- In the goods of W. A., deceased. I, A. B., of the- -of- -, in the County of , make oath and say, that I am [one of the executors (or the executor) named in the last will and testament (or codicil) of the said W. A., deceased, (or the party applying for administration, with the will and codicil, if any,) annexed, or administration of the personal estate and effects of the said W. A., deceased.] That the personal estate and effects of the said deceased, which he in any way died possessed of or entitled to, and for and in respect to which, (" probate of the said will is," or " letters of administration are,") to be granted, are of or about the value of rloUai-s. Sworn at , the 18 — , before me, — in the County cf — day of , A "I A. B. (Person authorized to administer oaths under the Act.) 11. Affidavitof Search for Will In the Surrogate Court, County of- In the goods of J. T., deceased. I A. B., of the of , in the County of , make oath and say, that I am the party applying for adminis- tration of the personal estate and effects of the said J. 1., late of , in the County of , deceased. That I made dilicrent and careful search in all places where the deceased usually kept his papers, and in his depositories, in order to 24 FORMS. ascertain whether the deceased had or had not left any will ; but that I have been unable to discover any will, codicil, or testamentary paper, and I verily believe that the deceased died without having left any will, codicil, or testamentary pai.er whatsoever. Sworn at , in the County of , the day of A.D. 18—, before me, A. B. Person authorized to administer oaths under the Act. 12. Affidavit of Execution of Will by Subscribing Witness. In the Surrogate Court of the County of In the goods of A. B., deceased. I Q_ D.^ , of the Township of , in the County of , make oath and say, that I knew A. B., late of , deceased ; that on or about the day of , in the year of our Lord one thousand eight hundred and , I was present, and did see the said A. B., , si^n and declare the paper- writing hereunto annexed as, and for, the last will and testament of the said A. B. ; that I, deponent [and E. F , of, &c., (if tliere be a second subscribing tvitness)] did subscribe ray name as witness [or our names as witnesses] to the execution of the said will, at the request of the said testator, and in the presence of each other (or as the case may be) ; and lastly, that the name (or several names) subscribed as witnesses to the execution of the said will are of the i)roper hand-writing of this deponent (and the said E. F., respectively). Sworn before me at this day of AD. 18-. CD. Person authorized to administer oaths under this Act. FOHMS. 13. Oath of Executor. In thb Surrogate Court of the County of 25 In the goods of- deceased. I, of the of- -, in the County of- make oath and say, that I believe this paper-writing \or these paper- writings] hereto i)refixed, to contain the true and original last will and testament of , late of the of , in the County of , ; that I am the sole executor [or one of the executors] therein named [or executor according to the tenor thereof— executor during life— executrix during widowhood, or as the rase may be] and that I will faithfully administer the personal estate and effects of the said testator, by paying his just debts and the legacies contained in his will [or will and codicils], so far as the same will thsreunto extend and the law bind me ; and that I will exhibit a true and perfect inventory of all and singular the personal estate and effects, rights and credits of the testator, and render a just and full account of my executorship whenever required by law so to do. Sworn at in the County of \ , the day of l A. B. A. D. 13 — , before me, J son authorized to administer oaths tinder the Act). 14. Oath 0/ Administrator with Will. In the Surrogate Court of the County of — In the goods of -, deceased. I. -, of the of- -, in the County of- make oath and say, that I believe this paper-writing [or these paper-writings] hereto prefixed, to contain the true and original 4 26 FORMS. last will and testament of , late of the of— -, in the County of , . '^"^ that the executor therein named [is dead, not having taken out probate, or has renounced all ri-ht and title to the probate and execution of the said will. or as" the fact may be], and that 1 am the residuary legatee in trust named therein {or aa the fact may be), and that I will faith- fully administer the personal estate and effects of the k nd deceased, according to the tenor of his will (or will and codicils), b- paying his just debts and the legacies contained in his will {or will and codicils), so far as the same shall thereto extend and the law bind me, and distributing the residua (if any) of the estate according to law, and that I will exhibit a true and perfect' inventory of all and singular the personal estate and effects, rights and credits of the said testator, and render a just and true account of my administration whenever required by law 80 to do. Sworn at , in the County of ^ , the day of , ^ A. D. 18_, before me, ' A. B. {Person authorized to administer oaths under tfie Act.) 15. Oath for Administrators. In the Surrogate Court of the County of In the goods of , deceased. . of the- -of- make oath and say, that -- -, in the County of -, late of the of , in the , , deceased, died a bachelor, without leaving parent, brother or sister, uncle or aunt, nephew or niece, and intestate ; that I am the' lawful cousin-gerraan and one of the next of kin of the deceased \(ilter in accordance vnth the circuni- stances of the case] : that I will faithfully administer the per- sonal estate and effects of the deceased, by paying his just debts, ami distributing the residue (if any) uf his estate according to FORMS. 27 law, and that I will exhibit a true and perfect inventory of all and singular the personal estate and effects, rights and credits, of the said deceased, and render a just and true account of ray administration whenever reqiiired by law so to do. Sworn at — — — , in the County of , the day of A. D. 18 — , before me, } A. B. (Person authorized to administer oaths under the Act,) 16. Admhiiatratioib Bond. Know all men by these presents : That we A. B., of the of , in the , , 0. D., of the &c,, and E. F., of the &c., are jointly and severally bound unto G. H., the Judge of the Surrogate Court of the , in the sum of dollars^ to be paid to the said G. H., or the Judge of the said Court for the time being ; for which payment, well and truly to be made, we bind ourselves and of us for the whole, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated the ' - day of — — , in the year of our Lord, 18 — . The condition of this obligation is such, that if the above named A. B., the administrator of all the personal estate and effects, rights and credits {or as the ca,ie may be), of , late of , in the , •, deceased, (who died on the day of , 18 — ,) do, when lawfully called on in that behalf, make or cause to be made a true and perfect inventory of all and singu- lar the personal estate ^nd effects, rights and credits of the said deceaaed, which have or shall come into the hands, posession, or knowledge of the said A. B., or into the hands and posses- sion of any other person or persons for him, and the same so made, do exhibit or cause to be exhibited into the Registry of the Surro- gate Court of the , whenever required by law so to do, and the same personal estate and effects, rights and credits, and all other personal estate and effects, rights and credits of the 28 FORMS. said (leceas'jil at the time of liis deutl-, wliicli at any time after slnill come into tlui haiuls or posseasiou of the said A. B., or into the hands or possession of any other person or persons for him, do well and truly administer according to law : (that is to say) do l)ay the debts which the said deceased did owe at his decease, and fnither, do make, or cause to be made, a trno and just account of his suid administration, whenever reijuired by law m to do, and all the rest anil residue of the said jjersonal estate and effects, rights and credits, to deliver and pay unto such person or persons respectively, as shall be entitled thereto under the provisions of any Act of Parliament now in force, or that may hereafter be in force in Ontario ; and if it shall hereafter appe.ir that any last will or testament was made by the deceased^ and the executor or executors thei-ein named do exhibit the same unto the said Court, making request to have it allowed and appvox'ed accordingly, if the said A. 13., being thereunto required, do render and deliver the said letters of adraii.istration (appro- bation of such testament being first liad and made) in the said Court ; then this obligation to be void and of no effect, or else to remain in full force and virtue. Signed, sealed, and delivered in presence of \ S ( Registrar, or person authorized to adininider oaths under the. Ad.) [L.S.] 17. Administration Bond for Administrators, loith Will annexed. Know all men by these presents : That we, A. B., of the -, , C. D., of the, kc, and E. F., of the, of , in ttie , - &c., are jointly and severally bound unto G. H., the Judge of the Surrogate Court of the , in the sum of dollars, to be paid to the said G. H., or the Judge of the said Court for thn time ueing, for which payment, well and truly to be made, we bind ourselves and of us for the whole, our heirs. executoi"s. FORMS. 2i^ •and administrators, firmly by these presents. Seulcd with our Seals. Dated the day of , in the } ear of our Loi-d 18 — . The condition of this obligation is such, that if the above named A. B., the administrator of the personal estate and eflfecta. lights and credits {or as the case may be) of , late of — , in the County of , , deceased, who d\M on the day of , A.D. 18 — , do, when lawfully called on in that behalf, make or cause to be mnde a true and perfect inven- tory of all and singnlar the personal estate and effects, rights and credits of the said deceased, which have or shall come into the hands, possession, or knowledge of the said A. B,, or into the hands and posKession of any other person or persons for him. and the same so made, do exhibit or can.se to be exhibited into the Registry of the Surrogate Court of the County of , whenever required by law so to do, and the same jKirsonal estate and effects, rights and credits, and all other the personal estate and effects, rights and credits of the .said deceased at the time of his death, which at any time after shall come into the hands or possession of the said A. B., or into the hands or poo- .sossion of any other person or persons for him, do well and truly administer according to law ; that is to say, do pay the debts which the said deceased did owe at his decease, and then th«? lefacies contained in the said will annexed to the said letters of administration to the said A. B. committed, so far as such personal estate will thereunto extend and the law bind him, and further do make, or cause to be made, a full, true, and just account of his said administration when he shall be thereunto lawfully required, and all the rest and residue of the personal estate and eff'ects, rights and credits, shall deliver and i>ay unto such person or persons as shall be by law entitled thereto, then this obligation to be void and of no effect, or else to remain in full force and virtue. Signed, sealed, and delivered in the presence of \ \ Rpriidrar, (Hegkirar, or person authorized to administer oaths under the Ad.) 80 FORMS 18. Affidavit ot Justification hy Sureties. In the Surrogate Courfof the County of lu the goods of , deceased. We, C. D., of the and E. F. of the -, in the County of , yeoman, in the , Esquire, severally make oath that we are the proposed sureties on behalf of the intended administrator of the personal estate and effects of , de- ceased in the within bond named, for the faithful administration of the said personal estate and effects of the said deceased, and I, the said C. D., for myself make oath and say, that I am possessed of estate of the value of dollars, and am worth dollars, all my debts being first paid, and I, the said E. F , for myself make oath and say, that I am possessed of estate of the value of dollars, and am worth dollars, all my debts being first paid. The above named C. D. and E. F. were severally sworn before me, this day of , A.D.I 8—, tit , in thd . C. D. E. F. (Person authorized to administer oaths under the Act, 19. Probate. In Her Majesty's Surrogate Court of the County of Be it known, that on the day of , A.D. 18—, the last will and testament {or the last will and testament with codicils) of — , late of the of in • , , who died on or about the day of , A.D. 18 —, at , and who at the time of his death had a fixed place of abode at , in the said County of , [or " had no fixed place of abode in Ontario," {or " resided out of Ontario,") " but had at sMch time personal" (or " real,") " estate in the said County of FORMS. 31 •,"], was proved and registered iu the said Surrogate Court, a true co, y of which said last will and testament is hereunder written (or true copies of which said last will and testament? witli codicil, are hereunder written), and that the administration of all and singular the personal estate and effects, rights and crulits, of the said deceased, Und any way concerning his will, was granted by the aforesaid Court to , of the of , in the of , , the sole executor {or as the case may he) named in the said will [or codicil), he having been first sworn well and faithfully to administer the same by paying the just debts of the deceased, and the legacies contained in his will {or will and codicils), so far as he is there- unto bound by law, and to exhibit a true and perfect inventory of all and singular the said estate and effects, rights and credits, and to render a just and true account of liis executorship when- ever required so to do. [L.S.] Begistrar of the Surrogate Court of the Count!/ of- J f 8-, at 3f abode |)lace of had at iiity of 20. Letters of Administration with Will annexed. In Her Majesty's Surrogate Court of the County of Be it known, that County of ; J late of the of , in the — , deceased, who died on or about the day of , 18—, at , and who at the time of his death had a fixed place of abode at the of , in the said County of , [or " had a fixed place of abode in Ontario," {or " resided out of Ontario,") " but haci at such time ])ersonar') or " real " estate in the said County of ,"] made and duly executed his last will and testament (with codicils), and did therein name of , in, &c., executor thereof [or named no executor therein], a true copy ot wliich said last will and testament is hereunder written (or true copies of which said last will and testament, with codicils, are hereunder written) ; and be it further known that on the 32 FORMS. . (lay of , -^ D. 18 — , letters of mlmiiiii^tration, with the said will (and codicils) annexed, of iill and singular the personal estate and effects, rights and ci-edits of the. said deceased, were granted by Her Majesty's Surrogate Court of the County of , to of the of in the of — , • (insert the character in lohich the grant is taken, and if executor has renounced, state it, he the said having previously been sworn well and faithfully to administer the same according to the tenor of the said will, to pay the just debts of the deceased, and the legacies contained in his will (^or will and codicil), so far as he is thereunto bound by law, and to exhibit a true and perfect inventory of all and singular the personal estate and effects, rights and credits of the said deceased, and to render a true and just account thereof whenever by law required so to do. [L.S.J Regliftrar of the Surrogate Court oj tilt County of — 21. Letters of Administration. In Her Majesty's Surrogate Court of the County of Be it known, that on the day of , A.D. 18 — , letters of administration of all and singular the person.-il estate and . the other executor named in the said will, when he should apply for the same. And be it further known, that on the day of , A. D. 18—, the said will of the said deceased was also proved, and that the like adrainis tration of all and singular the personal estate and effects, rights and credits of the said deceased, and any way concern- ing his will, was granted to the said , he having been first duly sworn well and faithfully to administer the same by pay- ing the just debts of the deceased and the legacies contained in his will, [or will and codicil] so far thereunto bound by law, and to exhibit a true and perfect inventory of all and singular the said estate and effects, rights and credits, and to render a just and true account of .his executorship whenever required by law so to do. [L.S.] Registrar. 28. ExeinpHJication of Probate or Letters of Administration with Will annexed. In Her Majesty's Surrogate Court of the County of . Be it known, that upon search being made in Her Majesty's Surrogate Court of the County of , it plainly appears that on the day of , L. D. 18—, the last will and testament [with codicils] of , late of , , dec 'ased, who died at ; on or about and had at , in the the time of his death a fixed place of abode at — - said County of , (or as the case may be) was proved by , the executor therein named \or that on the day of , A. D. 18 — , letters of administration with the last <./ill and testament (and codicils) annexed of the personal estate and effects, rights and credits of , late of, (fee, wei-e granted to of , as the — ■ ] and which said probate (or letters of administration) now remain of record in the said Surrogate Court. The true tenor of the said probate (or letters of administration with the will annexed) is in the words following, to wit : (here grant to be recited verbatim.) FORMS. 35- 111 faith and testimony wlieieof these letters testimonial are issued. Given at •, in the County of -, as to the time of the aforesaid search and the sealing of these presents, this day of, &c. [L.S.J Registrar, ^4- Exemplification of Administration, In Her Majesty's Surrogate Court of the County of- Be it known, that upon search being made in Her Majesty's Surrogate Court of the County of , it plainly appears that on the • day of A. D. 18 — , letters of admin- istration of all and singular the personal estate and effects, rights and credits of , late of , in the of , , who died at , on or about the ; day of , and had at the time of his death, a fixed place of abode at . in the said County of , were gianted to , of the of , in the , the [or one of the ,] of the said deceased, and which said luutors of administration now remain of record in the said Surrogate Court. The true tenor of the said letters of administration is in the words follow- ing, to wit : \Jiere the letters of administration are to he recited verbatim^. In faith and testimony whereof these letters testimonial are issued . Given at •, in the County of at the time of the aforesaid search and the sealing of these presents, this day of, iVc [L.S.] Registrar of, die. ^6 FORMS. 25. Renunciation of Probate and Administration with the Will annexed. In the Surrogate Court of the County of Whereas A. B., late of , in the County of , , deceased, died on the day of , 18 — , and had at the time of his death a fixed place of abode at , :• • v o said County of , and whereas he made and duly -^ .3d his last will and testament, bearing date the day of , 18 — , and therefore appointed C. D. executor and residuary legatee in trust, \or as the case may 6e,] as I am informed and believe. Now I, the said C. D., do hereby expressly renounce all my right and title to the Probate and execution of the said will [ancZ codicils, if any, 1 and to letters of administration, with the said will [awe? codicils, if any, 1 annexed, of the pei-soual estate and effects of the said deceased. , In witness whereof I have hereunto set my hand and seal, this dpy of , 18—. Signed, sealed, and delivered "j by said C. D., in presence r C. D. [Seal.] of E. H. 26. Renunciation of Administration. In the Surrogate Court in the County of — Whereas A. B., late of - — , deceased, died on the -, in the County of day of , 18- -, intestate, and a widower, and had at the time of his death a fixed place of abode at , in the said County of , and whereas I, C. D. of , in the , , am his lawful child and his only next of kin, \to be varied according to the facts.] h the Will FORMS. 37 Now I, the said C. D., do hereby expressly renounce all ray right and title to letters of administration of the personal estate and effects of the said deceased. In witness whereof I have hereunto set my hand and seal, this day of , 18 — . Signed, sealed, and delivered by 'v the said C. D., in the presence > of E. H. J C. D. [Seal.] 27. Election by Minors of a Guardian. In the Surrogate Court of the Count— of Whereas A. B., late of , in the County of , , deceased, died on or about the day of , 18 — , at , in, &c., intestate, a widower, leaving C. D., E. F., and G. H., his lawful children, and only next of kin, the said 0. i). being a minor of the age of twenty yeai\s only, and the said E. P. being also a minor of the age of nineteen years only* and the said G. H. being an infant of the age of six years only : Now we, the said C. D. and E. F., do hereby make choice of and elect K. L., of the , in the County of , , our lawful maternal uncle, and one of our next of kin, to be our curator or guardian, for the purpose of his obtaining letters of administration of the personal estate and effects of the said A. B., deceased, to be granted to him until one of us attain the age of twenty-one years, [or for the purpose of renouncing for us, and on our behalf, all right, title, and interest to and in the letters of administration, &c., as the case may 6e.] In witness whereof we have hereunto set our hands and seals, this day of , A. D. 18 — . Signed, sealed, and delivered, in ) the pi'eseiice of , ) ^8 FORMS. 28. Subpoena in proceeding in common form to bring in Scrip. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith. To -- of the of in the County of , — Whereas it ajjpears by a certain affidavit, filed in our Surrogate •Court of the County of -, bearing date the day of , 18 — , and made by , of the, &c., that a certain original pjiper or scrip oeing, or purporting to be, testamentary, [here describe the paper] bearing date the day of , 18 — , is now in your possession, or under your control : Now this is to command you that within ten days (or the time prescribed by the Judge), after the service hereof on you, you do bring into aiid leave in the office of the Registrar of our said Court, the said original paper now in the possession of you, the said , or under your control, or in case the said original paper be not in your possession or under your control, that you within days after the service hereof upon you, do file in the said office an affidavit to that effect, and therein set forth what know- ledge, if any, you have of and respecting the said original paper or scrip ; and this you are in no wise to omit under the penalty of four hundred dollars. "Witness, [insert the name of the Judge] Judge of our said Court, -at , the day of , 18—. Registrar, Comity of - FORMS. 39 ^9. Affidavit of Hand-writing In, &c. ], A. B., of the of- -, in the County of , make oath [or solemnly affirm] that I knew and was well acquainted with C, D,, late of in the County , deceased, who died on the day of , 18—, at , and had at the time of his death a fixed place of abode at , in the said County of for many years before, and down to the time of his death, and that during such period I have frequently seen him write, and also subscribe his name to writ- ings, {or as the case may be,) whereby I have become well acquainted with his manner and character of hand-writing and subscription, and having now with care and attention perused and inspected the paper-writing hereunto annexed, purporting to be and contain the last will and testament of the said deceased, beginning thus ending thus and been subscribed thus " C D." I further make oath that I verily and in my conscience believe the whole body, series, and contents of the said will, {or as the case may he,) together with the name " C. D." subscribed thereto, as aforesaid, to be of the true and proper hand-writing and subscription of the said " B. D.," deceased. Sworn at , in the County of , this day of — 18 — , before me. •] A. B. (Pemon authorized to administer oaths under the Act.) SO. Affidavit of Plight and Condition and Finding. I, A. B., &c., of, make oath (o?* solemnly affirm) that I am the sole executor named in the paper-writing now hereunto annexed, purporting to be and contain the last will and testa- ment of E. F., late of, die, deceased (who died on the day 40 FORMS. of , at ,) and had at the time of his death a ti'^«'l place of abode at , in the said County, (or as the case may be) the said will bearing date the day of , beginning thns ending thus and being aubscribed thus '* 0. D.," and having viewed and jjerused the said will, and particularly observed that \Jiere recite the finding of the said ivill and the various alterations, erasures, and interlineations, (if any,) and the general 2Jlight and condition of the will, or any other matter rtquiring to be accounted fw, and clearly trace the will, from the possession of the deceased in his lifetime, up to the time of making the affidavit /] I, the depo- nent, lastly make o"th that the same is now in all respects in the same state, plight and condition as when \or as the case may be. Sworn at , in the County of , the day of A. D., 18 — , before me- ity of I A. B. (Person authorized to administer oaths under the Act.) 31. Caveat, Let nothing be done in the goods of A. B., late of the of , in the , , deceased, who died on the day of , at , and had at the time of his death a fixed place of abode at , i^ the County of ■ [or " who had no fixed place of abode in Ontario" (or " who resided out of Ontario," "but had at such time personal" (or " real") " estate in the County of ," (or in the st.'eral Counties of , ,) unknown to C. D., of the [or to E. F., of , the Attorney of 0. D., .] The said C. D. is the lawful child, and the only next of kin (or as the case may be) of the said deceased . The grounds on which this caveat is entered ai-e, that a paper- writing, alleged to be the will of the deceased, was not executed by him (or as the case may be.) C, D., of , r»-. E. F. Attorney for C. D., of- FORMS, 41 32. Warning to Caveat. In the Surrogate Court of the County of- To of (or to, ike, of , the Attorney of ) having iuterest. You are hereby warned, that within ten days after the ser- vice of this warning upon you, inchisive of the day of such ser- vice, you cause an appearance to be entex'ed for you in the office of the Surrogate Court of the County of , to the caveat entered by you in the personal estate and effects of ; hvte of , who died on or about the day of , at , and had at the time of his death a fixed phice of abode at {or as stated in the caveat,) and to set forth your {or your client's) interest, and take notice that in default of you so doing, the said Court will proceed to do such acts, matters, and things as shall be needful and necessary to be done in and about the i)reniises. [L.S.] lieghtrar of the Surrofjatc Court of the County of — 83. Xotice of Caveat being lodged with Registrar of Surrogate Court. In the Surrogate Court of the County of To the Surrogate Clerk : In the goods of , deceased. A caveat, of which the following is a copy, has this day been lodged with nie : " Let nothing," etc., {here copy caveat at length and verbatim.) Dated . lii(/istrar. 42 FORMS. 34 Bond on Appeal to Chancer)/. Know all Men by these Presents : That we, A. B., of C. D., of, tkc, and E. R, of, &c., are jointly and severally held and firmly bound unto G. H., of, &c., in the penal sum of dollars, for which payment to be well and truly made, we bind ourselves, and each of us by himself, our and each of our heirs, executors, and administrators, tirndy by these presents. Sealed with our seals, this day of , 18— . Whereas, -, [the appellant] considers himself aggrieved by a certain order (or as the case may be) made by the Judge of the Surrogate Court of the County of , made on or about the day of , last, in a certain (mention matter or cause in which order made), and whereas the value of the goods and chattels affected by this said order exceeds |200, wherefore he, the said [the appellant], desires to ajijjeal therefrom to the Court of Chancery. Now the condition of this obligation is such that if the said -, [the appellant] .shall effectually prosecute his appeal and pay such costs, charges, and expenses as shall be awarded in case the said order shall be^affirmed or in part affirmed, then this obligation to be void, otherwise to remain in full force. Signed and sealed in presence of } A. B., C. D, E. F. [L.S.] [L.S.J [L.S.] i: FORMS. 43 C/2 o o t=> a o o5 05 C/2 o5 >i PP o 1^ o o ^ ?: o >^ Eh O Q O O H 5 w . j: 7 ^ o ad i a "v Si 5S « a a » ■tt a a « ,3 a I o B. a o Q 44 FORMS. o C£ o o o o m t «j i=s eot G s IS d h i K a. 1 1 >>« * ' M a O* 1 t a h» i s .5 '3 a M 1 < 1 K w o ! 5 a i .S o , •E 3 8^ , a T5 . ! a S tf i 2 It « 14 a lie i flT l8 i s S5 s§s ' « 2 S X 12 i 1 „• s »-• m '>•' 'aJ •5 5r O} J= C 4^ CI GO «^ *s eJ OO c ^^ Q i? *- c 3 a »n H 5 t.4 « : 1 i 7 '5 1 ^ ^ E •2 S e 3 s g b < «l — 1 "s 5 i 1 « C : j; 1 £ s 5 «.' s * -1 E S >£ ^ >s a z ^ •* FORMS. § S 2 9 03 Ml j: » o o o O o pq CQ M p Pk c» O 5^ S5 I *&. a. es o I J to a 3 C9 3 s * s ^ *a S2 • 1 i ^ x i 1 4) :Sa • s i£ •o o ■^ §i? «; o s iJ .- g O a a y, 1 46 FORMS. 38. REGISTER BOOK. (In this hook every grant is to be entered at length, with a tran- script of will and codicil, if any, subjoined, in case of probate or administration with the will annexed.) FORMS. 47 ¥ § M o o < > o Ok CO 4* 8^n fCav warn whe " i hen Notice sent to surrogate Clerk. 1 "2 ^ 1 IM l^-. 2 §g| ■3 >,« o ;o-ao 1 "S 2« b'S'S to l^« 48 FORMS. JfO, Certificate hy the Surrogate Clerh upon notice of ajypUcatiou for Grant OfGlce of the Surrogate Clerk. In the goods of , deceased, named in a certain notice of ai)plication for grant of probate {or administration, as the case may be,) dated the of , 18 — , as , late of , &c., ( copy from notice of application. ) I, -, the Surrogate Clerk, do hereby certify that no notice of application, in respect to the goods of the said deceased, has been received by me from any of the Registrars of the Sur- rogate Courts in Ontario, save the above [or if a)iother notice has been received, add " and a certain other notice of application from the Registrar of the Surrogate Court of the County of ," (dated the day of , &c.,) for a grant (of the probate of the will bearing date, &c,, as in the notice of application.)] And I further certify that no caveat or coi>j' of caveat against the grant of probate or administration iu the goods of the said deceased, has been lodged with or received by me [or if caveat or notice of caveat has been lodged or received, instead of the above, say, " and I further certify that a caveat {^or copy of a caveat,) in the goods of the said deceased, has been lodged with {or receiveil by) me on the day of , a copy of which is hereunto annexed.] O •o '^ O < O ■I— ( Oh < Snrro'jate Clerk. Dated — FORMS. 49 licatiou Dtice of the case late of that no eceased, he Sur- :)tice has ion from > pi'obate - against the said nveat or e above, veat,) in received lereunto .A a .! (M ^ ti o ■s og . 1 S ♦* a; o "-a £ <^ ^^o„f" u -—- cS«=3 *^ S ci 00 S r-'^o S S o a .5 "5 CCcc o 3 rH .a 5 S . 4d 1 S|=H.a a o ' S v U < ^ Stg 23i . lis ^SS| i^-S" I ^-^M hi c o i4 O •o Fa o ■3 '3 i •3 < 3 tj g m H Eh 3 5 o O } B H- ( P^ « i . H (^ 1 ® 1 o i < 03 a a l-H H O Oh H 1 ill Is <1 O 1 5^1 fs 1 ! :: ! sj 1—1 -+ Ps ' - CC ^ iQ Fh H=> O r-« • ! ^ s a o < a ^ • M iM o .■S 1 -3 _ ■o h o '■3 "3 .2 < 1 =^ •5 1 ■5 < ^ d "S-a a 1 il 4> s 'S ,. 88 '^ 2 0) I' cs •a « i *-< o u a: ^ 2" (U 1) a 3 a H S5 «5 •3 > ! S **N *. 1 <» o g o aj.S -: 50 FOKMS. ^ ^ M o H o ^ m § H P4 < W DQ > < 1 Oh Fm O e4 -^ g IH Ph P4 h O • • • 1.00 50 davit 3,00 • . ■ • ( 1.00 50 GUARDIANS. The Judges appointed under the 14th section of the Surrogate Courts Act, 1858, do, in pursuance of the powers conferred upon them by the 64th section of the said Act, order and direct that the rules, orders, and directions hereinafter set forth shall be the general rules and orders : For regulating the practice and procedure under the Acta of Tipper 'Janada, passed the eight year of King George IV., ch. 6, intituled, ^^ An Act respecting the appointment of guardians,'^ and for fixing and regulating the fees to be taken by officers, and attorneys, and counsel respectively, for business and proceedings done and taken under the said last mentioned Act. 1. In all matters and applications touching or relating to the appointment, control, or removal of guardians of infants, and the security to be ^jiven by such guardians, the practice and pro- cedure in the Surrogate Court shall conform as nearly t,s the circumstances of the case will admit to the practice and procedure of the said Courts in respect to applications for grants of letters of administration and grants thereof. 2. Application for the appointment of guardians may be according to the form 1, or to the like effect. 3. The notice of such application to be sent by the Registrar to the Surrogate Clerk, may be in the form 2, or as near thereto as circumstances admit ; and, as in application for grant of pro- bate or administration, unless under special order or decree of the Judge, letters of guardianship shall not be granted until the 6G aUAKDIANH. Registiur shall have received the certificate of the Surrogate Clerk touching the Hanie. 4. Parties may lodge a caveat against the grant of letters of guardianship in like manner as other caveats are lodged, and the practice in respect to the same shall conform as nearly as may be to the i)ractice in the case of caveats against the grant of admin- istration, 5. The security to be given by guardians slndl be by bond in the form 4, or as near thereto as circumstances will admit. 6. Letters of guardianship may be in the form 3. or to the like effect. 7. The several Registrars shall keep books as nearly as may be in the form 5, and the Surrogate Clerk shall keep a book as nearly as may be in the form (!. 8. Registrars and officers of the Surrogate Courts shall, for the performance of duties and service under the said Act of King George the Fourth, touching or relating to the appoint- ment, control, or removal of guardians, be entitled to take and receive to their own use the same fees, as nearly as the circum- stances of the case will admit, as they may be entitled to take and receive in contentious or non-contentious business, as the case may be, in the said Courts. 9 Tlie fees payable to the fee fund, and Registrars, on such business and proceedings in the Surrogate Courts (and postage, when necessary), shall be paid to the Registrar in the hrst in- stance by the party on whose behalf such proceeding is to be had, on or before such proceeding. • 10 Attonieys practising in the said Courts shall be entitled to take for the performance of duties and services as aforesaid, in relation to the appointment, control, and removal of guardians the same fees, as nearly as the circumstances of the case will admit, as they are entitled to take in non-contentious business m the said Courts. GUARDIANS. 57^ 11. The duties required of the aurrogate Clerk in respect to matters and causes testamentary, so far as may he applicable, he shall perform in respect to applications for lettei-s of guardian-- ship, and in relation to guardianship business. ROBERT E. BURNS, J. J. G. SPRAGGE, V. C. JAS. R. GOWAN, Co. J. to the TonoNTO, 29th September, 1858. FOKMS. 1 Application for Letters of Gv^rdia ship by one of the next of kin 'of infant children of deceased widoioer. Unto the Surrogate Cf ^rt of the County of r * Ti «f tViP of , in tlie County The petition of A. B., ot the oi » •of -, Esquire. Hum'.'y sheweth, That C. D., late of &c., died on or about the _- day of __ 18-. a widower, leaving E. F. and G. Hh,s natu- ral and lawful children, the said E. F. being an infant of the age of nine years, and the said G. H. be.ng an mfant of the ge o «ix years, and that both the said E. F. and G. H. leside ., in the said County oi — That the said 0. 1>. died intestate (or as the case may he) aiid Jhout appointing any curator or guardian of the saxd .fants. That due notice has been given ot the petitioner's intention to Jly to be appointed guardian, and that tl^ petitioner .s the Natural uncle, and one of the next of kin of the s.ud mfants. Wherefore your petitioner P^^y-^^^;^^-^ ^^Zl guardian of the said infanxs, E. F. and '-•^•'^ letters of guardianship may be granted to him bj this Horrable'covu-t, pursuant to the Statute iu that behalf. \, B., <0r if signed by Attorney, A. B., l.v hi» Attorney, J. P., one ic.) Dated. &c., FORMS. 5^ lext of County — day lis natu- the age J age of •eside at be), and infants. sntion to er is the mta. ip pointed that the by this behalf. '.,one tfec.) 2. Notice to be transmitted hy the Registrar of a Surrogate Cowt to the Surrogate Clerk, of application for letters of Guai'dianship by one of the next of kin of infant children of deceased widower. The Surrogate Court of the County of To the Surrogate Clerk : Take notice that apulication has been made to the Surrogate Court of the County of , by A. B., of, &c., to be appointed guardian to E. F. and G. H. (who resided at the of , in the said County) infant children of C. D., late of, &c., who died a widower intestate {or as the case may be), and without appointing any curator or guardian of the said infants, the said A. B. being the maternal uncle of the said infants. Application received the This notice mailed the — of , 18—. — day of day) -, 18—. Registrar of the said Cotirt. 3. Letters of Guardianship. In Her Majesty's Surrogate Court of the County of Whereas A. B., of, &c., by petition to the said Court, did set forth that C. D., late of, kc, (recite as in petition), and prayed that he might be api)ointed guardian of the said infants, pursuant the Statute in that behalf, and that Letters of Guardianship might be granted to him by the said Court. Be it known that on the day of , A. D. 18—, the said A. B. was appointed guardian of them the said E. F. and G. H., and these Letters of Guardianship are accordingly granted by the said Court to the said A. B., with power and authority to him to do all such acts, matters, and things as a guardian may or ought to do, under and by virtue of any Act of the Parliament of Ontario, or of this Dominion, relating to minors and their property, chaptered six, he the said A. B. having been first bound as required by law to perforiii the said trust. [L. S.] Registrar. '60 FORMS. 4. Bond to be given by Guardian. Know all men by these presents ; That we, A. B., of, &c., C. D., of &c., and E. F., of &c., are held and firmly bound unto G. H. and J, H., of &c., the infant children of O. H., of, «fec., deceased, in the following penal sums, that is to say, the said A. B. in the sum dollars, the said 0. D. in the sum .of dollars, and E. F. in the sum of dollars : For which payment, to be well and truly made unto the said G. H. and J. H., we bind ourselves and each of us by , our and every -of our executors and administrators firmly by these presents : Sealed with our seals, dated this day of , in the year •of our Lord, 18 — . Whereas the said A. B., being appointed guardian of the said infants by the Surrogate Court of the County of according to the Statute in that behalf, is required to give secm-ity to perform the said trust. Now the condition of this obligation is such, that if the above bounden A. B., guardian to the infant children of the said late O. H., shall faithfully perform the said trust, and that the said guardian or executors or administrators will, when the said wards respectively become of the full age of twenty-oue years, or whenever the said guardianship shall be determined, or sooner if thereunto required by the Judge of the said -Surro- gate Court, render to said wards, or to their executors or administrators, a true and just account of all goods, moneys, interests, rents, profits, or property of such wards which shall have come into the hands of the said A. B., and will thereupon without delay deliver and pay over to the said wards or to or their executors and administrators, the property or the sum or balance of money which may be in the hands of the said guardian belonging to such ward or wards, deducting therefrom and retaining a reasonable sum for the expenses of the said guardian, then this obligation to be void or else to remain in full force and virtue. Signed, /.Baled, and Delivered \ in presence of ^ f A. B. [L.S.] C. D. [L.S.] E. R [L.S.] FORMS. 61 O >>* H ■P O O ■13 P^