Msc. pubsj \Los Angeles County, Ca. U&uperior Court, [Misc ellaneous publications] Prob ate forms, decrees and orders, 1910/ m A = ="" " r~ AS :^= o o = c: 1 o^ ■■ 33 1 = z 1 3) 1 —— pn 1 ^=2 o ■ 1 = = c 1 = — -" 1 7| ■ M 6 = m*\ 33 1 1 5 gl 63 = 5 63 Be — — * i — ■< i / erior Cour Angeles County, California Department 2 Probate Forms, Decrees and Orders =& SRIF Superior Court Los Angeles County, California. Department 2 Probate Forms, Decrees and Orders PREFACE. The forms herein published are those approved and used in this court, and as heretofore, all orders and decrees will be prepared and entered by the clerks of the court in accordance with such forms, unless for some good reason a change is required. Attorneys are requested to use this book, and by so doing assist the court in the dispatch of the large volume of probate business transacted in this county. JAMBS C. RIVES, Judge. TABLE OF CONTENTS. Adoption Forms Agreement to Adopt a Minor 11 Consent to Adopt ion 10 Order of Adoption 12 Petition for Leave to Adopt a Minor 9 Guardianship Forms Notice to Secretary of State Commission in Lunacy of Hearing of Guardian's Petition to Mortgage 102 Notice to Secretary of State Commission in Lunacy of Hearing of Guardian's Report 101 Order Appointing Guardian .' 98 Order Appointing Guardian of Incompetent 99 Order for Notice of Hearing Petition for Guardian- ship of Incompetent Person 99 Order for Sale of Real Estate by Guardian 100 Order Prescribing Notice of Hearing Petition to be Appointed Guardian of Minors 98 Petition for Appointment of Guardian of Incompe- tent or Insane Person 40 Petition for Appointment of Guardian of Minor 41 Petition of Guardian for Order to Sell Real Estate 42 Probate Forms Account Current and Report of Executor or Ad- ministrator „ 54 Affidavit for Commission to Take Deposition of Wit- ness to Will 13 Certificate of Proof of Foreign Will, and Facts Found 53 Certificate of Proof of Will, and Facts Found (Holo- graphic) 52 Certificate of Proof of Will, and Facts Found (Two Witnesses) 51 Decree Establishing Heirship 102 Decree of Distribution 106 Decree of Distribution to Foreign Executor 107 Di'.-ree of Due and Legal Notice to Creditors 104 Decree of Partition 105 Decree Settling Account 107 Decree Settling Account and for Payment of Claims...l08 Decree Settling Final Account — Insolvent Estate 109 DecreeUnder Section 1723 C. C. P. Declaring Home- stead Vested in Survivor 95 Decree Under Section 1723 C. C. P. Terminating Joint Tenancy 97 Decree Under Section 1723 C. C. P. Terminating Life Estate 96 Deposition, Affidavit for Commission to Take 13 Entry of Default — On Petition to Ascertain Heir- ship 102 Final Account, Eeport and Petition for Distribution of Estate Following an Account Current 56 Final Account, Report and Petition for Distribution, Insolvent Estate 59 Final Discharge of Administrator or Executor 110 First and Final Account, Report and Petition for Distribution 60 How to Compute Inheritance Tax Under Law of 1911 = 112 Interrogatories — Subscribing Witness to a "Will 35 Notice of Rejection of Claim 63 Order Accepting Resignation of Testamentary Trus- tee : : 93 Order Admitting Foreign Will to Probate 67 Order Admitting Will to Probate and for Letters of Administration with the Will Annexed 66 Order Admitting Will to Probate and for Letters Testamentary 65 Order Appointing Administrator 64 Order Appointing Administrator (de bonis non) 68 Order Appointing Appraisers and Collateral Inherit- ance Appraiser 89 Order Appointing Commissioners to Make Partition 92 Order Appointing Special Administrator 63 Order Appointing Trustee 94 Order Assigning Whole Estate Under Section 1469 C. C. P 69 Order Authorizing Lease - 83 Order Authorizing Mortgage 81 Order Confirming Sale of Contract to Purchase Land 86 Order Confirming Sale of Perishable Property 69 Order Confirming Sale of Personal Property 43 Order Confirming Sale of Real Estate 76 Order Confirming Sale of Real Estate on Bid in Open Court 79 Order Confirming Sale of Real Estate Under Will 78 Order Directing Clerk to Issue Commission 14 Order Establishing Service of Notice — To Determine Heirship 88 Order Fixing Collateral Inheritance Tax 89 Order Fixing Time of Hearing and Directing Notice to be Given Under Section 1723 C. C. P 95 Order for Conveyance of Land Sold by Decedent 84 Order for Conveyance of Land Sold by Decedent (Conditional) 85 Order for Family Allowance 11 Order for Notice of Application for Partition on Distribution '. 92 Order for Notice of Hearing of Petition for Con- veyance 82 Order for Partial Distribution When the Time to File Claims Has Not Expired 86 Order for Partial Distribution AVithout Bond 87 Order for Sale of Personal Property 70 Order for Sale of Real Estate 75 Order for Short Notice — Private Sale of Real Estate ... 76 Order Setting Apart Homestead — No Selection Be- ing Made by Deceased in Lifetime 71 Order Setting Apart Homestead Worth More Than $5,000 When Selected 73 Order Setting Apart Property Exempt 14 Order Setting Apart Recorded Homestead — Commu- nity Property 71 Order Setting Apart Recorded Homestead. Selected by Decedent — Separate Property 72 Order Setting Apart Recorded Homestead, Selected by Survivor Only — Separate Property 72 Order Setting Time for Hearing Report of Appraisers and Prescribing Notice — Value Exceeding $5,000 ... 7:} Order Settling Final Account and for Distribution 90 Order Settling Final Account and for Distribution Under Will 91 Order to Sell Perisbable Property 70 Order to Show Cause on Petition to Mortgage 80 Order to Show Cause — Sale of Mines 74 Order to Show Cause — Sale of Real Estate 74 Order to Show Cause, Under Section 1469 C. C. P 93 Order to Show Cause Why Lease Should Not Be Made 82 Petition by Corporation for Letters of Administra- tion _ 23 Petition by Corporation for Probate of Will 23 Petition for an Order Directing a Conveyance of Real Estate by an Executor or Administrator 39 Petition for Assignment of Whole Estate 33 Petition for Family Allowance 34 Petition for Letters of Administration 19 Petition for Letters of Administration with the Will Annexed Upon Estate When Executor Has Died 26 Petition for Order Appointing Trustee 44 Petition for Order of Sale of Mining Property or Shares of Stock 44 Petition for Order of Sale of Personal Property 30 Petition for Order of Sale of Real Estate 27 Petition for Order Setting Apart Exempt Personal Property ■ : 32 Petition for Order to Compromise a Debt 43 Petition for Order to Determine Interests in Estate 48 Petition for Order to Lease Real Estate 38 Petition for Order to Mortgage Real Estate..... 35 Petition for Order to Sell Perishable Property 35 Petition for Order to Set Apart Homestead ; No Se- lection Having Been Made by Decedent in Life- time 47 Petition for Order to Set Apart Recorded Homestead 46 Petition for Probate of Foreign Will 24 Petition for Probate of Will 20 Petition for Special Letters of Administration 18 Petition Under Section 1723 C. C. P. to Terminate Joint Tenancy _ 50 Petition Under Section 1723 C. C. P. to Terminate Life Estate _ 49 Table of Rates and Exemptions Under Law of 1911 Ill ADOPTION FORMS. Petition for Leave to Adopt a Minor. (Title.) To the Superior Court of the County of Los Angeles, State of California: Petitioners and represent as follows : 1. That petitioners are married, and are husband and wife ; that said is of the age of years, and that said _ is of the age of. years; that peti- tioners are both residents of said County of Los Ange- les, State of California ; 2. That said petitioners are desirous of adopting one , a minor, as their own child; that the age of said minor is years (if said child is of sufficient age, so that the law requires his or her consent, state as follows:) that said minor consents to such adoption by petitioners; that said consent is in writing and is filed herewith ; (Where there are parents of said minor or other persons whose consent is necessary, so state, and file their consent to the adoption with the petition; other- wise state why such consent is not necessary.) 3. That it is for the best interests of said minor child that he (or she) should be adopted by petitioners: Wherefore, your petitioners pray that an order be entered, decreeing that said has been duly and legally adopted by the petitioners herein, and that said minor child and your petitioners shall sustain towards each other all of the rights, privi- leges, duties and obligations of parent and child. Dated ...., 191 Petit ioners Consents (Title.) hereby declares he is the hus- band of , and he now resides and for years past has resided with said and that no separation has taken place between them; that he knows the child ; that he gives his full and free consent to the adoption of said child by his wife, ; that he likewise consents to the adoption of said child jointly by himself and his said wife. "Witness my signature this day of. 191 hereby declares she is the wife of , and she now resides and for years past has resided with said , and that no separation has taken place between them; that she knows the child ; that she gives her full and free consent to the adoption of said child by her husband ; that she likewise consents to the adop- tion of said child jointly by herself and her said hus- band. Witness my signature this day of - , 191 10 Agreement to Adopt a Minor. (Title.) To the Superior Court of the County of Los Angeles, State of California : Whereas, the undersigned have petitioned the above entitled Court for leave to adopt , a minor child of and , and whereas and have filed in said court their written consent to such adoption and to an order of said Court permitting such adoption to be made as prayed for in said petition. Now therefore, in consideration of the filing of such consent of said persons, and of the entry of said order by said Court, said undersigned hereby agree with the State of California and with said minor, and with said persons whose consent has been filed as aforesaid, that we (or I) adopt said and that said minor child „ shall be treated in all respects as our (my) own lawful child should be treated, and have the rights of a natural child, including the right of inheritance. Dated , 191 Order for Family Allowance. (Title.) It appearing to the satisfaction of the Court that the property set apart to the widow is insufficient for the support of the widow and children of the decedent it is ordered by the Court that there be allowed and paid to the said widow, for the maintenance of the family of said deceased the sum of $ per month, beginning on the 1st day of , 191 , and continuing until the further order of the Court. Dated , 191 11 Order of Adoption. (Title.) This matter coming on regularly for hearing, and it appearing that said minor is now present, and that the written consent of and that the petitioners adopt said minor child is filed herein ; that said is the father of said minor child and that said is the mother of said minor child ; that said minor child is of the age of _ years (and that his written consent to his adoption by said petitioners is filed herein) ; that said petitioners have filed herein an agreement, signed before me, with said minor child and with each person whose consent has been filed herein, that said child shall be adopted by said petitioners, and treated in all respects as their own lawful child should be treated, including the right of inheritance ; and it appearing that such adoption will be for the best interests of said minor child; that said petitioners, and said minor child, and all persons whose consent is necessary, have appeared herein, and each has been examined as provided by law; that said pe- titioners each reside in this county : It is therefore ordered that the petitioners and adopt said minor child, and that from this time forward said minor child shall be treated by them in all re- spects as their own lawful child should be treated, in- cluding the right of inheritance, and said petitioners and said minor child shall bear towards each other the relation of parent and child. Dated , 191 Judge of the Superior Court. 12 DEPOSITION Affidavit for Commission to Take Deposition of Witness to Will. (Title.) To the Superior Court of the County of Los Angeles, State of California : State of California, County of Los Angeles, ss. being first duly sworn, says that he is the petitioner in the above entitled matter. That of the City of , County of , State of - , one of the subscribing witnesses to the document herein filed as, and alleged by petitioner to be the last will and testament of the said , deceased, is a necessary and material witness, and that without the testimony of said witness he cannot proceed with the hearing of said matter; that the said does not reside in this county, nor in the State of Cali- fornia, but resides in the City of _., County of , State of - , and is out of the State of California, and will continue absent therefrom when his testimony is required : Wherefore, affiant prays that a commission be issued to as Commissioner, or to such other person as the court may direct, to ex- amine the said - as a witness, on interrogatories to be annexed to the aforesaid commis- sion. Subscribed and sworn to before me, this, day of , 191 Notary Public in and for the County of Los Angeles, State of California. (SEAL) 13 Order Directing Clerk to Issue Commission. (Title.) It appearing from the affidavit of •-, the petitioner in the above entitled matter, filed herein on this day of , 191 , that of the City of , County of , State of , is a necessary and material witness in said matter now- pending in this Court, and is out of the State of Cali- fornia, and will continue absent therefrom when his testimony is required; Now, therefore, in pursuance of the law in such case made and provided, the clerk is hereby ordered and directed to issue a commission to , who is hereby appointed Commissioner, to examine the said , as a witness, on oath to be taken before him as said commissioner, on the interrog- atories to be annexed to the said commission, and also a photographic copy of the alleged last will and testa- ment of the said , deceased, to be marked "Exhibit A," and to cause such examination to be reduced to writing and to be signed by said witness, and returned together with the certificate to be made by said commissioner, annexed to said commission, to said clerk. Dated, Los Angeles, California, , ...... 191 Judge of the Superior Court of the County of Los Angeles, State of California. Order Setting Apart Property Exempt. (Title.) It appearing to the Court that said deceased left sur- viving his widow, ,.' Now, on motion of said widow it is ordered that there be set apart for the use of said widow (insert description of all exempt property). Dated , 191 14 Interrogatories Interrogatories to be administered to , of the City of , County of , State of. — - , a witness produced by the petitioner in the matter mentioned in the annexed commission : First Interrogatory: What is your name, age, and residence? Answer: Second Interrogatory: Where did you reside on the day of , 191 ? Answer: Third Interrogatory: Were you acquainted with _ on the day of „ , 19 — , the date of the instrument filed in the Court in the matter mentioned in the annexed commission on the day of , 19 , purporting to be the last will and testament of the said , deceased, of which a photographic copy is hereunto annexed marked "Exhibit A"? Answer: „ - Fourth Interrogatory: After examining "Exhibit A" and the signatures thereto, do you recognize the sig- nature purporting to have been signed by you as your signature? Answer: Fifth Interrogatory: Is that your signature? Answer: - Sixth Interrogatory : Did you know also, at said place, on said day of , 19 , the date of said instrument, , the other of said subscribing witnesses to said instru- ment ? Answer: _ Seventh Interrogatory : Do you recognize the sig- nature purporting to have been signed by (the other subscribing witness) ? Answer: _ Eighth Interrogatory : And is that his signature at- tached to said instrument? Answer: „ 15 Ninth Interrogatory: Do you recognize the signa- ture purporting to have been signed by (the decedent) ? Answer: _ — Tenth Interrogatory: And is that his signature at- tached to said instrument? Answer: Eleventh Interrogatory: Was the said instrument signed by the said at the said City of , County of , State of , on the said _ day of , 19 , the day it bears date, in the presence of yourself and of said ? Answer : Twelfth Interrogatory: For what purpose did you sign your name to said instrument 1 ? Answer: Thirteenth Interrogatory : Did the said _ thereupon declare the said instrument to you, and said , the other sub- scribing witness, to be his last will and testament? Answer: Fourteenth Interrogatory : Did you and said then and there in the presence of the said , and in the presence of each other, and at the request of the said „ , subscribe your names as witnesses to the said instru- ment? Answer: Fifteenth Interrogatory: About how old was at the time he signed his name to the said instrument? Answer: Sixteenth Interrogatory: What was the condition, if you know, of the mind and memory of at the time he signed his name to said instrument? Answer: 16 Seventeenth Interrogatory : Was the said at the time he signed said instrument acting under duress, menace, fraud, undue influence or misrepresentation? Answer: - Eighteenth Interrogatory: After examining "Exhibit A" and refreshing your memory, please state what oc- curred at the time of signing and witnessing the said document alleged to be the last will and testament of the said ? Answer: Subscribed and sworn to before me, this day of , 191 Commissioner appointed by the Su- perior Court of the County of Los Angeles, State of California. State of , County of , ss. I, , under and by virtue of the commission hereunto attached, do hereby certify that named in the foregoing commis- sion as a witness, and whose signature is attached to the foregoing interrogatories, and answers thereto, ap- peared before me at my office in the City of ~, County of _ , State of „ _ , on the _ _ day of. , 19 , and after first being duly sworn by me, accord- ing to law, made ansAver to each and every and all of the foregoing interrogatories as hereinbefore set forth, and that said answers hereinbefore set out are the an- swers of said witness to said interrogatories, reduced to writing by me, and carefully read over by me to said witness, who corrected the same, and thereupon affixed his signature thereto. In witness whereof, I have hereunto set my hand this day of , 191 Commissioner appointed by the Su- perior Court of the County of Los Angeles, State of California. 17 Petition for Special Letters of Administration. (Title.) To the Superior Court of the County of Los Angeles, State of California: Petitioner represents as follows : 1. That the petitioner is a resident of the County of , State of California. 2. That he is the public administrator of the County of (or the executor named in the last will and testa- ment of said decedent, or a relative entitled under the provisions of Sec. 1365, C. C. P.. to letters of admin- istration) Los Angeles, State of California. 3. That said at the time of his death was a resident of the County of , State of California, and left estate in the County of Los Angeles; consisting of real and personal property of the value of $ : said real es- tate being of the value of $ and said personal property being of the value of $. : 4. That there is no person authorized to care for the said property; and that there is unusual delay in grant- ing letters (or letters testamentary of the last will and testament of said decedent) of administration thereof, and that there is danger of its being neglected, and greatly damaged thereby; 5. That it is necessary that some person should be authorized to take charge of and care for the property of said estate; Wherefore, your petitioner prays that he be appoint- ed special administrator of said estate to collect and take charge of the estate of said decedent. Dated , 191 Petitioner. Attorney for Petitioner. 18 Note. In case the person entitled to letters of ad- ministration or letters testamentary of the last will and testament of a decedent does not wish to serve, and the applicant is the appointee of such person, allege as follows: That is of said decedent, and is entitled to letters of administration of said estate (or is the executor named in the last will and testament of said decedent), but does not wish to act as such administrator (or executor) and has re- quested, in writing, that petitioner be appointed in his stead as such administrator (or executor), which said request is filed herewith, referred to and made a part hereof. Petition for Letters of Administration. (Title.) To the Superior Court of the County of Los Angeles, State of California : The Petition of of the County of , State of California, respect- fully shews : That died on or about the day of , 191 , in the County of , State of That said decedent at the time of death was a resident of the County of , State of That said decedent left estate in the County of , State of consisting of property. That the value and character of said property and the probable revenue therefrom are as follows, to-wit : That the estate and effects for or in respect of which letters of administration are hereby applied for do not exceed the value of $ That the next of kin of said decedent and whom your petitioner advised and believe and therefore 19 allege to be the heirs at law of said decedent, and the names, ages and residences of said heirs are as follows : That due search and inquiry have been made to as- certain if said decedent left any will and testament, but none has been found, and according to the best knowledge, information and belief of your petitioner said decedent died intestate. That your petitioner is the of said de- ceased, and therefore, as your petitioner advised and believe entitled to Letters of Administration of said estate. Wherefore, your petitioner pray that a day of Court may be appointed for hearing this application, that due notice thereof be given by the Clerk by post- ing notices according to law, and that upon said hear- ing and the proofs to be adduced, Letters of Adminis- tration of said estate may be issued to your petitioner. And your petitioner will ever pray, etc. Dated , 191 Petitioner. Attorney for Petitioner Petition for Probate of Will. (Title.) To the Superior Court of the County of Los Angeles, State of California : The petition of of the County of , State of California, respectfully shows : That died on or about the day of , 191 , in the County of , State of _ That said decedent at the time of his death was a resident of the County of...... State of , and left property in the County of , State of „ 20 That the value and character of the said property and the probable revenue therefrom are as follows, to-wit: That the estate and effects in respect of which the probate of the will is herein applied for does not exceed in value the sum of dollars. That said decedent left a will bearing date the day of , 191 , in the possession of , which your petitioner allege to be the last will and testament of said decedent, and which is herewith presented to said Superior Court; That... - named in said will as executor thereof; and the said person so named to act as such execut ; that aged about years, residin g at named therein as That the subscribing witnesses to the said will are „ residing in the County of , State of , and _ _ residing in the County of , State of That the next of kin of said decedent whom your petitioner advised and believe and therefore al- lege to be the heir at law of said testa , and the name , age , and residence of said heirs are as follows : aged about years, residing at aged about years, residing at aged about years, residing at _ aged about years, residing at 21 That at the time said will was executed, to-wit : on the said day of , 191 , the said testat was over the age of eighteen years, to-wit: of the age of years or thereabouts, and was of sound and disposing mind, and not acting under duress, menace, fraud or undue influence, and was in every respect competent, by last will, to dispose of all his estate. That said will is in writing signed by the said de- cedent and attested by said subscribing witnesses, at the request of said testat subscribing their names to the said will in the presence of said decedent and in the presence of each other, and your petitioner al- lege that said witnesses, at the time of attesting the execution of said will, were competent: Wherefore, your petitioner pray that the said will may be admitted to Probate, and that Letters be issued to your petitioner and that for that purpose a time be appointed for proving said will, and that all persons interested be duly notified to appear at the time appointed for proving the same ; and that all the necessary and proper orders may be made in the premises. Dated , 191 Petitioner Attorney for Petitioner. 22 Petition by Corporation for Probate of Will or for Letters of Administration. (Title.) The petition of the Company respectfully shows: That petitioner is a corporation organized and exist- ing under the laws of the State of California, and hav- ing its principal place of business in the City of , County of , State of California, and is authorized by its articles of incorporation to act as executor, administrator, guardian, assignee, receiver, depositary and trustee, and has a paid up capital of not less than $250,000, of which $100,000 has been actually paid in in cash and it has deposited with the Treasurer of said State for the benefit of its creditors the further sum of $100,000 in bonds and securities in compliance with the provisions of Section 7 of an act of the Legis- lature of the State of California entitled "Act author- izing certain corporations to act as executor and in other capacities and to provide for and regulate the administration of trusts by such corporations," ap- proved April 6, 1891, and amended April 1, 1897, which said bonds and securities are now held by said Treas- urer in his official capacity for the uses and purposes aforesaid, and that petitioner has complied with all the requirements of said act and has procured from the Board of Bank Commissioners of the State of Cali- fornia a certificate of authority stating that it has com- plied with the requirements of said act and is author- ized to act as executor, administrator, guardian, assig- nee, receiver, depositary and trustee. (Proceed as in petition for probate of will or for let- ters of administration by an individual.) 23 Petition for Probate of Foreign Will. (Title.; To the Superior Court of the County of Los Angeles, State of California : The petition of of the County of , State of Califor- nia, respectfully shows: That died on or about , 191 , in the City of , County of , State of _ That said decedent at the time of his death was a resident of the County of - , State of , and left property in the County of , State of That the character and value of the said property and the probable revenue therefrom are as follows, to-wit : That the estate and effects in respect of which the probate of the will is herein applied for does not ex- ceed in value the sum of dollars. That said decedent left a will bearing date of the day of , 191 , which has been duly proved, allowed and admitted to probate in the Court of the County of , State of , and a duly authenticated copy of said will and the probate thereof in said Court is pre- sented and filed herewith and made a part hereof; that said Court at the time of admitting said will to pro- bate was a court of competent jurisdiction and had jurisdiction of said matters and of all parties interested in said estate ; That your petitioner _ named in said will as executor thereof and consents to act as such execut (or that is named in said will as execut thereof and refuses to act as such and that your petitioner is a person interested in the will of said decedent). 24 That , aged about years, residing at , and _ _ _ , aged about years, residing at ( are ) n amed therein as That the next of kin of said decedent whom your petitioner advised and believe and therefore al- lege to be the heir at law of said testa , and the name , age , and residence of said heirs are as follows : , aged about years, residing at , aged about years, residing at _ , aged about years, residing at ~ - Wherefore your petitioner pray that the said will may be admitted to Probate, and that Letters be issued to your petitioner and that for that purpose a time be appointed by this Court for proving said will, and thai all persons interested be duly notified to ap- pear at the time appointed for proving the same; and that all other necessary and proper orders may be made in the premises. Dated , 191 Petitioner. Attornev for Petitioner. 25 Petition for Letters of Administration With the Will Annexed Upon Estate When Executor Has Died. (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner a resident of the County of State of California, represents as follows : 1. That died on the day of. , 191 , leaving a last will and testament ;. that said will and testament has heretofore been admitted to probate in this court ; 2. That by the terms of said will and testament, was appointed executor thereof; that in pursuance thereof, letters testamentary were is- sued to said , by the order of this Court, and he duly qualified as such executor ; 3. That said died on , 191 , leaving said estate unadministered upon, and it is necessary that an administrator of said estate should be appointed, and that letters of administration, with the said will annexed thereto, be issued to him; 4. That the property of said estate left unadminis- tered is as follows, to-wit: Personal property of the value of $ , and real estate of the value of $ "Wherefore, petitioner prays that letters of adminis- tration with the will annexed be issued to him. Dated , 191 Petitioner. Attorney for Petitioner. 26 Petition for Order of Sale of Real Estate. (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner represents as follows : 1. That died on the day of , 191 , in the County of , State of , being at the time a resident of the aforesaid county and state ; 2. That petitioner is the duly appointed, qualified and acting executor of the last will and testament (or administrator of the estate) of said decedent; 3. That petitioner has duly made and returned a true inventory and appraisement of all of the estate of said decedent which has come to his possession or knowl- edge; 4. That due notice to creditors has been published according to law, and the order of the court; 5. That the personal property belonging to the estate of said decedent and the appraised value thereof, and the portion thereof that remains undisposed of, is shown and described in Schedule A, annexed hereto, and made a part hereof; (or if description is short insert here in- stead of exhibit) 6. That the real estate belonging to the estate .of said decedent and the condition and value thereof, is shown and described in Schedule B, annexed hereto, and made a part hereof; (if short insert here) 7. That the debts outstanding against the said de- cedent as far as can be ascertained or estimated amount to the sum of $ , as is fully set forth in Schedule C, annexed hereto and made a part hereof; (or insert here) 8. That the commissions of the executor (or ad- ministrator), fees of counsel and costs of administra- tion already accrued and to accrue are estimated to 27 amount to about the sura of $ , and are fully set forth in Schedule D, annexed hereto and made a part hereof; (or insert here) 9. That the amount due on the family allowance heretofore ordered (or that will be due after the same has been in force for one year) is the sum of $ (or that no family allowance has been or will be asked for); 10. That the personal property is insufficient to pay the debts outstanding against said decedent, the family allowance, and the commissions of the executor (or administrator), fees of counsel and costs of administra- tion of said estate ; 11. (If sale is prayed for on the grounds that it is for the best interests of said estate and those interested therein, state fully the reasons why it is for the best interests of said estate.) 12. That it is necessary that the real estate de- scribed in Schedule B heretofore referred to and made a part hereof, be sold, in order that the proceeds thereof may be applied to the payment of the outstanding debts against the said decedent, the family allowance, and the charges and expenses of administration of said estate (or that it is for the best interests of said estate and those interested therein that said real estate be sold) ; 13. (If private sale is asked for, state : That said property can be sold to better advantage at private sale than at public auction.) 14. That the following are the names and residences of the heirs of said decedent, to-wit : 15. That the following are the names and residences of the legatees and devisees, to-wit: 28 Wherefore petitioner prays that an order be made directing all persons interested in said estate to appear before the court at a time and place specified, to show cause why an order should not be made di- recting and authorizing petitioner to sell the said real estate or so much thereof as the court shall find neces- sary for the purposes aforesaid, and that after a hear- ing of this petition, an order of sale be made directing and authorizing petitioner to sell at private sale (or public auction) the whole of said real estate, or so much thereof as the court shall deem necessary or beneficial, or that such other or further order be made as the court may deem proper in the premises. Dated , 191 Petitioner. Attorney for Petitioner. State of California, County of Los Angeles, ss. , the petitioner above named, being first duly sworn, says: That he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to the matters therein stated on his information and belief, and as to those matters he believes it to be true. Subscribed and sworn to before me this, day of _ , 191 Notary Public in and for the County of Los Angeles, State of California. 29 Petition for Order of Sale of Personal Property. (Title) To the Superior Court of the County of Los Angeles, State of California : Petitioner , the duly appointed, qualified and acting administrator (or exec- utor of the last will and testament of said deceased) of the estate of , deceased, represents as follows: 1. That the following claims against said estate have been duly allowed, and approved according to law, and are filed herein, to-wit : 2. That the estimated indebtedness of said estate, including amount of claims not yet presented, amounts to $ ; 3. That the expenses of the administration which have been incurred are as follows, to-wit: 4. That the amount of family allowance now due under the order of court heretofore made, is the sum of $ _ , and the amount which will become due under said order up to the time of the final dis- tribution of said estate will be about $ ; 5. That the sum of $ is due to persons named in the will of decedent, for legacies bequeathed to them by the terms of said will; 6. That the commissions of the administrator (or executor), fees of counsel, and other expenses of ad- ministration upon said estate to accrue will amount to the sum of $ ; 7. That the total amount of claims due from said estate, costs and expenses of administration and family allowance amount to the sum of $ ; 8. That the inventory and appraisement of said es- tate has been duly made and filed herein, and is hereby referred to and made a part hereof; 30 9. That of the personal property of said estate there has been by order of the court, set apart for the use and benefit of the family of decedent, the following, to-wit : 10. That of said personal property the following has been specifically bequeathed as follows, to-wit : 11. That the remainder of the said personal prop- erty and the condition thereof is particularly described in Schedule "A," hereto annexed, hereby referred to and made a part hereof (or if short insert here) ; 12. That a sale of the whole of the remaining per- sonal property of said estate is necessary to pay said claims, commissions, costs and expenses of administra- tion, and family allowance. 13. (If private sale is asked for, state : That said property can be sold to better advantage at private sale than at public auction.) Wherefore petitioner prays that an order be made directing that the whole or so much of said remaining personal property be sold at public auction (or private sale) as shall be necessary for the payment of said claims, costs and expenses of administration and family allowance, and for such other or further order as to the court shall seem proper in the premises. Dated ,191 Petitioner. Attorney for Petitioner. 31 Petition for Order Setting Apart Exempt Personal Property. (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner represents as follows : 1. That on the day of , 191 , the inventory and appraisement of the property of the estate of , deceased, was returned to this court, in which the ad- ministration of said estate is now pending; 2. That the following described personal property is returned in said inventory as the property of said estate, to-wit: 3. That said property is exempt by law from execu- tion. 4. That the family of said deceased consists of , the surviving widow (or husband) of decedent, and minor children of decedent ; Wherefore, petitioner prays that all of said personal property be set apart for the exclusive use and benefit of the family of said decedent. Dated , 191 Petitioner. Attorney for Petitioner. 32 Petition for Assignment of Whole Estate. (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner , the duly appointed, qualified and acting administrator of the estate > (or executor of the will or surviving widow) of _ „ , deceased, rep- resents as follows : 1. That on the day of , 191 , the inventory and appraisement of the property belong- ing to the estate of said , deceased, was returned to this court; 2. That the following described property is returned in said inventory as the property of said estate, to-wit : 3. That the said decedent left surviving him _ , his widow, (or _ _ his minor child (or children), aged years) ; 4. That all of said property is appraised at not more than $1500; to-wit. of the value of $ ; and that the said decedent left no other property. 5. That all expenses of the last sickness of said deceased, funeral expenses and expenses of administra- tion have been paid. Wherefore, petitioner prays that an order be made and entered herein, assigning the whole of said estate to the said , widow, (or to , minor child, or children, of said decedent) for her (or their) exclusive use and benefit. Dated , 191 Petitioner. Attorney for Petitioner. Verification. 33 Petition for Family Allowance. (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner repre- sents as follows : That _„ died on the day of , 191 , and that the matter of his estate is now pending in this court ; That said decedent at the time of his death left him surviving as the members of his family your petitioner, his widow, and (give names of minor children and ages) ; that your petitioner, his widow, is without es- tate of her own, and is entitled to an allowance out of the property of said estate, of a reasonable amount, for the maintenance of herself and the minor children of decedent, according to their circumstances and manner of living; that the property of said estate, exempt by law from execution, is not sufficient for the support and maintenance of your petitioner and said minor, child (or children) ; that $ per month is a reasonable amount to be paid by the estate of decedent for that purpose. "Wherefore, your petitioner prays that an order may be made authorizing and directing the adminis- trator (or executor) of said estate to pay to your peti- tioner for the support and maintenance of herself and her said minor child (or children) the sum of $ per month, the same to date from the date of the death of said decedent and to continue until the further order of the Court. Dated , 191 Petitioner. Attorney for Petitioner. 34 Petition for Order to Sell Perishable Property. (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner , the duly appointed, qualified and acting administrator of the estate (or executor of the last will and testament) of deceased, represents as follows : That the following described property belonging to said estate is of a perishable nature, to-wit : (Description of property.) (Reason why perishable.) AVherefore. petitioner prays that an order be made authorizing him to sell said perishable property with- out notice, and that such other or further order may be made as is meet in the premises. Petitioner Attorney for Petitioner. Petition for Order to Mortgage Real Estate. (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner repre- sents as follows : 1. That he is the executor of the last will and testa- ment (or administrator of the estate) of , deceased. 2. That the names of the legatees and devisees of said decedent are as follows, to-wit: and that the names of the heirs of said decedent, so far as known to petitioner, are as follows, to-wit : 35 3. That said estate is possessed of that certain real estate situate in the County of _ , State of California, described as follows, to-wit: 4. That the value of said real estate is about the sum of $ , and the annual rents thereof amount to about the sum of $ 5. That the following claims have been duly pre- sented and allowed against said estate, and are on file herein, to-wit : 6. That the following legacies are due from said estate, to-wit: 7. That the expenses of administration already ac- crued and to accrue are estimated to amount to $ 8. That there is now upon said real estate a mort- gage made by said decedent in his lifetime to _ ~ , to secure the payment of a certain promissory note de- scribed in said mortgage, for the sum of $ , together with interest thereon at the rate of per cent per annum, from the day of , 191 , until paid ; that there is now due and unpaid on said mortgage the sum of $ _, making a total indebtedness against said estate, which it is necessary should be paid, of $ 9. That it is for the best interests of said estate that said real estate should not be sold, but that the same should be mortgaged for the purpose of raising money with which to pay said debts, legacies, expenses of ad- ministration and mortgage. (Here state reasons why it is best to mortgage and not sell the real estate.) 36 Wherefore, petitioner prays that an order be made and entered herein authorizing him, as executor of the last will and testament (or administrator of the estate) of the said _ , deceased, to borrow the sum of $ , payable years after date, with interest at the rate of per cent per annum, payable , and to make and execute a promissory note therefor and a mortgage in the usual form, and containing the usual and customary obligations, upon the said real estate, to secure the payment of said note. Dated , 191 Petitioner Attorney for Petitioner. State of California, County of , ss. , the petitioner above named, being first duly sworn, says: that he has read the foregoing petition and knows the contents thereof, that the same is true of his own knowledge, except as to the matters therein stated on his information and belief, and as to those matters he believes it to be true. Subscribed and sworn to before me. this. day of , 191 Notary Public in and for the County of , State of California. 37 Petition for Order to Lease Real Estate (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner represents as fol- lows : 1. That he is the executor (or administrator of the estate of) of the last will and testament of , deceased ; 2. That the names of the legatees and devisees of said decedent are as follows, to-wit : (Here insert names and residences) and that the names of the heirs of said decedent, so far as known to petitioner, are as follows, to-wit: (Here insert names and residences.) 3. That said estate is possessed of that certain real estate and improvements thereon, situate in the County of , State of California, known and described as follows, to-wit : 4. That it is for the best interests of said estate to rent the said property (state reasons why), and the same can be leased, and it is proposed to lease said premises under the terms and conditions of a lease of which a copy is hereto annexed and made a part hereof ; Wherefore, petitioner prays that an order be made and entered herein authorizing him, as executor of the last will and testament (or administrator of the estate) of said , deceased, to lease said property in accordance with the terms and conditions of said proposed lease. Dated , 191 Petitioner Attorney for Petitioner. (Verification.) 38 Petition for an Order Directing a Conveyance of Real Estate by an Executor or Administrator (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner represents as fol- lows : 1. That on the day of .. 191.... , petitioner entered into an agreement in writing with the said , since deceased, where- by the said agreed to sell and con- vey to the petitioner, and petitioner agreed to pur- chase, that certain real estate situate in the County of , State of California, described as follows, to-wit : (If petitioner is the assignee of said purchaser, recite the assignment ; if petitioner is the executor or admin- istrator insert name of purchaser in lieu of word "peti- 1 inner.") 2. That said agreement was duly executed, ac- knowledged and delivered by the said , and was on the day of , 191 , recorded in Book , of Deeds, at page , in the office of the County Recorder of the County of , State of California, that being the county in which the said real estate is situated; that said agreement is hereto annexed and marked Ex- hibit A, and is hereby referred to, and made a part hereof; 3. That petitioner has performed all of the acts and made all payments (except the sum of $ , which he is now ready and willing to pay) required of him by the terms of said agreement, and by reason of tlic premises is entitled to specific performance of said .iirreement, according to the terms thereof, to-wit: a conveyance of the real estate described in said agree- ment ; 4. That before petitioner became entitled to snch specific performance, to-wit: on the day of 101 , the said .' died : 5. That is the duly appoint- ed, qualified and acting administrator (or executor of the lasi will and testament of said 39 deceased) of the estate of the said , deceased. Wherefore, petitioner prays that an order be made and entered herein, "authorizing, empowering and directing the said administrator (or executor) as such administrator (or executor) to perform said agreement, by executing and delivering to petitioner a good and sufficient conveyance of the real estate described in said agreement (upon the pavment of said sum of $ )• Dated , 191 Petitioner Attorn ey for Petitioner. (Verification.) Petition for Appointment of Guardian of Incompetent or Insane Person. (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner „ represents as fol- lows : 1. That he is the of , a resident of the County of Los Angeles, State of Cali- fornia ; 2. That the said is the owner of certain real and personal property situated in the County of Los Angeles, State of California, particu- larly described as follows, to-wit : 3. That said is now years of age. and for more than last past has been and now is mentally incompetent (or in- sane and confined in the asylum at ), and is wholly incompetent to transact his ordinary business, or properly to care for said property; Wherefore, petitioner prays that he be appointed guardian of the (person and) estate of said Dated , 191 Petitioner Attorney for Petitioner. (Verification.) 40 Petition for Appointment of Guardian of Minor. (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner represents as fol- lows : 1. That is a minor of the age of years, residing in the County of Los An- geles, State of California; 2. That said minor is the owner of certain real es- tate and personal property particularly described as follows, to-wit: 3. That said personal property is of the value of $ — 4. That said real estate is of the value of $ and the annual rents thereof amount to $ 5. That said property needs the attention and care of a guardian; 6. That said minor has no guardian legally appoint- ed by will or otherwise ; 7. That petitioner is the of said minor; that the relatives of said minor residing in the County of Los An geles are 8. That said minor is at present residing with and under the care of Wherefore, petitioner prays that he be appointed guardian of the person and estate of said minor. Dated , 191 Petitioner Attorney for Petitioner. 41 Petition of Guardian for Order to Sell Real Estate. (Title.) To the Superior Court of the County of Los Angeles, State of California : Petition er represents as fol- lows : 1. That he is the duly appointed, qualified and act- ing guardian of the estate of. , a minor ; 2. That the real and personal property of said minor and the condition and value thereof is fully shown and described in Schedule A, annexed hereto, and made a part hereof (or if description is short insert here) ; 3. That said real estate has been appraised within one year last past; 4. That it is necessary that the said real estate of said minor should be sold (state reasons). 5. (If private sale is asked for, state : That said property can be sold to better advantage a"t private sale than at public auction.) Wherefore, petitioner prays that an order be made directing all persons interested in said estate to appear before the court at a time and place specified, to show cause why an order should not be made au- thorizing petitioner to sell the said real estate or so much thereof as the court shall find necessary for the purposes aforesaid, and that after a hearing of this petition, an order of sale be made authorizing peti- tioner to sell at private sale (or public auction) the whole of said real estate, or so much thereof as the court shall deem necessary and for the best interests of said estate, or that such other or further order be made as the court may deem proper in the premises. Dated , 191 Petitioner Attorney for Petitioner. (Verification.) 42 Petition for Order to Compromise a Debt. (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner , the duly appointed, qualified and acting executor of the last will and testa- ment (or administrator of the estate) of _ , deceased, represents as follows : 1. That there has come to the possession of peti- tioner, as such executor (or administrator), a promis- sory note against , dated the day of , 191 , for the sum of $ with interest thereon at the rate of per cent per annum until paid, on which note there is now due and unpaid the sum of $ , including interest ; 2. That said is financially em- harassed and offers to pay $ of the prin- cipal amount of said note in liquidation of the same, and it is for the best interests of said estate that said offer be accepted ; Wherefore, petitioner prays for an order authoriz- ing him to compromise said note by accepting from the said , the sum of $ therefor. Dated , 191 Petitioner Attorney for Petitioner. Order Confirming Sale of Personal Property. (Title.) The of said estate now pre- sents his sworn report of sales of personal property (under the order hereinbefore made) or (under the terms of the will) showing that he has made sales there- of amounting to $ And after hearing the evidence, and being fully advised in the premises, it is ordered by the Court that said sales l>e approved and confirmed. Dated 191 43 Petition for Order Appointing Trustee (Title.) To the Superior Court of the County of Los Angeles, State of California : Petitioner represents as fol- lows : 1. That the last will and testament of , deceased, was duly admitted to probate in this court on the day of , 191 ; 2. That by the terms and conditions of the said last will and testament is appointed trustee of certain property therein particularly de- scribed, to-wit: (Description.) 3. That the said - declines to act as such trustee, and has filed his resignation as such trustee, in writing, in this court; 4. That it is necessary to carry out the trusts cre- ated in the said last will and testament, that a trustee shall be appointed to fill the vacancy created by the resignation of the said ; 5. That petitioner is interested in the said trusts; Wherefore, petitioner prays that an order be made and entered herein appointing trustee in the place and stead of the said .: , for the purpose of carrying out the terms and conditions of the said trusts as provided in the said last will and testament. Dated , 191 Petitioner. Attorney for Petitioner. Petition for Order of Sale of Mining Property or Shares of Stock (Title.) To the Superior Court of the County of Los Angeles, State of California : Petition er represents as f ol- lows : 1. That _ died on the day of , 191 , in the County of 44 , State of , being at the time of his death a resident of the said county and state; 2. That petitioner is the duly appointed, qualified and acting executor of the last will and testament (or administrator of the estate) of said decedent; 3. That a true inventory and appraisement of all of the estate of the said decedent has been duly made and returned to this court; 4. That due notice has been given to the creditors of the said estate by publication, according to law, and the order of this court ; 5. That as appears from said inventory and ap- praisement, the property of said estate consists wholly (or in part) of mines, particularly described as follows, to-wit : 6. That the condition and situation of said mine (or mines) is as follows, to-wit: 7. That it is for the best interests of said estate and all persons interested therein, that all of said mines should be sold, and that an immediate sale thereof is necessary and for the best interests of said estate, for the following reasons, to-wit : Wherefore, petitioner prays that an order be made and entered herein, directing all persons interested to appear before this court at a time and place specified, not less than four nor more than ten weeks from the time of making such order, to show cause why ;m order should not be made, authorizing and di- recting petitioner to sell at (public auction or) private Bale, s;ii! the estate). 55 And said asks that said account be ap- proved and settled and that an order be made for the payment oi' the claims filed as aforesaid, or for such portion thereof as shall be proper, out of the cash bal- ance on hand. State of California, County of ■ . being duly sworn on oath says that he is the who makes the foregoing account and report, and that all the statements therein made are true ; that each item of expenditure therein set forth, to an amount not over twenty dollars, for which no voucher is produced, was actually paid out at the time and place and to the person as therein specifically stated ; and that the same contains a full and true state- ment of all charges against him, and of all credits to which he is entitled, on account of said estate. Subscribed and sworn to before me this day of , 191 Final Account, Report and Petition for Distribution of Estate Following an Account Current. (Title.) To the Superior Court of the County of Los Angeles, State of California. , as of the estate of , deceased, renders to the Court his final account and report for settlement of said es- tate and presents therewith his petition for distribution thereof as follows, to-wit: Said is chargeable as follows : Balance chargeable on settlement of last account- current $ (Here add any other gains to the estate as in ac- count-current) $ Total charges $ 56 He is entitled to credits as follows: Paid on claim. Voucher No. — $- etc. Commissions allowed by laAv on $ , the total value of estate administered $- Attorneys' fees agreed on, subject to approval of Court $- (Add any other credit items) $- Total credits $- AYhich when deducted from total charges leaves for distribution a balance of $- The said balance consists of the following de- scribed property, to-wit : Cash on hand $- And the following described property, to-wit: (Here describe all remaining property and state its appraised value.) Total $- Letters were duly issued upon said estate on the day of , 191 Notice to creditors has been duly published, the first publication thereof having been made on the day of , 191 , a copy of which notice was duly filed in court within 30 days after the first publication thereof, to-wit, on dav of , 191 Decree establishing due notice to creditors was duly made and filed in court on dav of , 191 In accordance with the order for the payment of claims hereinbefore made, all claims allowed against said estate have been paid, as shown by the foregoing account, and said estate is now in condition to be fin- ally settled and distributed. Said deceased left as his next of kin and only heirs at law certain persons whose names, relationship and residences are as follows, to-wit: (Insert) It' there is a will dulj probated — add the following or similar statement of its terms:) 57 By the terms of the last will of said deceased, ad- mitted to probate herein, the said estate is disposed of as follows : He bequeaths specific money legacies as follows : To $ , etc. He made specific devises of land as follows : To (describe the land and conditions of the devise). And the residue of said estate he devised and bequeathed as follows: (Insert.) There will be inheritance taxes payable as follows : On the legacy to the sum of $ , and on the legacy to the sum of $ , and there will also be such taxes to pay on the devise to the value of which for that purpose has not been ascertained. That the whole of said estate is separate (or commu- nity) property. Wherefore, said asks that said account be approved, allowed and settled, and that the amount of collateral inheritance tax to be paid on the legacies and devises be determined, and that a decree be made for the payment of such taxes and for the distribution of all said estate to the persons entitled thereto, and for all other proper relief. Petitioner. (Affidavit as in account current.) NOTE— (1) If no agreement has been made as to the amount of attorneys' fees this item should be omitted and the report should show that attorneys' fees have been in- curred and an allowance should be asked therefor. Unless attorneys' fees are asked for in some way in the account or report none can be allowed or fixed by the Court. (2) If there is no inheritance tax omit this clause. If there is no will and there are collateral heirs who must pay a tax, insert a statement of the facts. (3) Give dates of receipts and expenditures in all accounts. 58 Final Account, Report and Petition for Distribution. Insolvent Estate. (Title.) Proceed as in form for "First and Final Account" to and including statement of balance, omitting pay- ments of legacies and claims, and then as follows : Letters were duly issued on said estate on the day of , 191 An inventory and appraisement of said estate was duly returned and filed on the day of. , 191 , showing the value of said estate to be $ The following statement gives the name of each cred- itor whose claim has been presented and allowed against said estate, the amount now due on his claim and the class to which the same belongs, to-wit: (In- sert.) The names, degree of kin and residences of the only heirs at law of said decedent are as follows, to-wit : (Insert.) (If a will was probated, add:) The names and resi- dences of the legatees and devisees named in the will of said decedent admitted to probate herein are as fol- lows, to-wit: (Insert.) All the assets of said estate have been reduced to cash as aforesaid and the estate is now in condition to be finally settled. Wherefore, the said asks that said ac- count be approved and settled, that the Court direct the apportionment of said balance among the said cred- itors ami order payment accordingly, and that the ad- ministration be closed and for all other proper relief. Dated 191 Affidavit as in account current.) 59 First and Final Account, Report and Petition for Distribution. (Title.) To the Superior Court of the County of Los Angeles, State of California. , as of the es- tate of , deceased, renders to the Court his first and final account and report and pre- sents therewith his petition for distribution of said estate as follows, to-wit : Said is chargeable as follows : Amount of inventory and appraisement $ Parcel , appraised at $— - — ; Sold for $ ; Gain $ etc. Interest collected : On note of $- etc. Principal collected in excess of appraisement : On note of .: $ etc. Rents collected: On parcel 3 from ■ $ etc. Total charges $ And he is entitled to credits as follows : Loss on sales less than appraisement : Parcel 3, appraised at $ ; Sold for $ ; Loss $ etc. Property set apart to family by order (appraised value) $ ■ Homestead set apart (appraised value) $ Parcel 4 lost by decree in case No. — , • vs. , $ Parcel 5, personal property, burned $- Cash paid out as follows : On family allowance, voucher No. — $- To County Clerk, fees, voucher No. — $- 60 To , funeral voucher No. — $- To , on claim voucher No. — $- To , legacy, voucher No. — $- Commissions allowed by law on $ , the total value of estate administered $- Attorney's fee agreed on, subject to approval of Court $- (Add other cash payments) _ $- Total credits ~ $- Which when deducted from total charges leaves for distribution a balance of $- The said balance consists of the following de- scribed property, to-wit : Cash on hand $- And the following described property, to-wit: (Here describe all remaining property and state its appraised value.) Total - $- Letters were duly issued upon said estate on the day of , 191 Notice to creditors has been duly published, the first publication thereof having been made on the day of 191 , a copy of which notice was duly filed in court within 30 days after the first publication thereof, to-wit, on the day of , 191 Decree establishing due notice to creditors was duly made and filed in court on the day of , 191 An inventory and appraisement of said estate was duly returned and filed on the day of , 191 , showing said estate to be of the value of $ (The following claims have been presented and al- lowed against said estate, to-wit:) (State name of claimant, amount of claim, and whether of 1st, 2nd. 3rd, 4th or 5th class) or, (If claims have all been paid, omit above and say: "All claims presented and allowed against said estate have been fully paid as shown by the foregoing ac- count.") 61 Said estate is now in condition to be finally settled and distributed. That the whole of said estate is separate (or com- munity) property. The following named persons are the next of kin and only heirs at law of said deceased, to-wit : (Insert names, degree of relationship and residence.) (If there is a will, insert the following: "By the terms of the last will of said deceased, duly admitted to probate herein, the said estate is disposed of as fol- lows": State in detail the terms of the will as to the property remaining.) (There is a collateral inheritance tax of $ , payable on the legacy to , and there is also such a tax on the devise to , the value of which for that purpose has not been ascer- tained;) or (there is collateral inheritance tax due on the shares of (give names and amount due on each). "Wherefore, said asks that said ac- count be approved, allowed and settled (that the amount of collateral inheritance tax to be paid on the (legacies and devices) or (shares) be determined) and that a decree be made for the distribution of all said estate to the persons entitled thereto and for all other proper relief. Dated , 191 Petitioner. Attorney for Petitioner. (Affidavit as in account current.) 62 Notice of Rejection of Claim. • Title.) To You are hereby notified that your claim for the sum of $ , presented to , ad- ministrator of the estate of , de- ceased, was by the said administrator rejected (if al- lowed in part and rejected in part, add:) as to the sum of $ and allowed as to the sum of $ , on the day of , 191 Dated , 191 Administrator of the Estate of , Deceased. Order Appointing Special Administrator. ( Title.) Good cause being shown therefor and on motion of '....., it is ordered by the Court that be and he is here- by appointed special administrator of the estate of , deceased, late of Los Angeles County, and that as such special administrator he shall have power to collect and preserve all the personal property of said estate and all the income, issues, rents and profits of the real and personal property of Baid estate, and all claims and demands of the estate, and take charge of and manage the real estate, and preserve the same from damage, waste and injury, and commence, maintain and defend all suits and other legal proceeding necessary to carry out these powers; that he give bond as such special administrator in the sum of $ , and that thereupon letters of ad- ministration issue to him in conformity with this order. Dated 191 63 Order Appointing Administrator. (Title.) Now comes the petitioner, , by , attorney, and proves to the satisfaction of the Court that the petition for letters of administration therein was filed on , 191 , and that the time for hearing the same was by the Clerk duly set for the day of , 191 , and that notice of said hearing has been duly given as required by law (If continuance has occurred add — and the hearing having been regularly continued to this time — ) and no person appearing to contest said petition the Court proceeds to hear the evidence, and thereupon finds that the facts therein alleged are true, and that said peti- tion ought to be granted. It is therefore ordered and adjudged by the Court that said , died on the day of , 191 ; that he was a resident of _ county, State of at the date of his death; that he left property in county, State of California ; and that be appointed administrator of the estate of said , deceased, and that letters of administration thereon issue to upon taking the oath re- quired by law and giving bond in the sum of $ Dated , 191 64 Order Admitting Will to Probate and for Letters Testamentary. (Title.) Now comes the petitioner, , by , attorney, and proves to the satisfaction of the Court that the time for hearing the petition for the probate of the will herein filed on the day of , 191 , and for let- ters testamentary thereon, was by the Clerk duly set for the day of _ , 191 , and that notice of said hearing has been duly given as re- quired by law; (If continued add: "And the hearing having been regularly continued to this time,") and no person appearing to contest the said petition, the Court proceeds to hear the evidence and thereupon finds the facts alleged therein to be true, and that said petition ought to be granted. It is therefore ordered and adjudged by the Court that said ~ , died on the day of , 191 , a resi- dent of - county, State of , leaving estate in county, California, and that the document heretofore filed, purporting to be his last will, and so alleged to be in said petition, be admitted to probate as the last will of said deceased; that be appointed execut of the said last will and testament, and that Letters Testamentary issue to said upon taking the oath required by law. (If bonds are not waived add: "And giving bond in the sum of $ ")• Dated , 191 65 Order Admitting Will to Probate and for Letters of Administration With the Will Annexed. (Title.) Now comes the petitioner, , by , his attorney, and proves to the satisfaction of the Court that the time for hearing the petition for the probate of the will herein filed on , 191 , and for letters of ad- ministration, with the will annexed, was by the Clerk duly set for the day of , 191 , and that notice of said hearing has been duly given as required by law; (If continued add: "And the hearing having been regularly continued to this time") and no person appearing to contest said petition, the Court proceeds to hear the evidence, and thereupon finds that the facts alleged therein are true, and that said peti- tion ought to be granted. It is therefore ordered and adjudged by the Court that said , died on the day of , 191 , a resi- dent of county, State of , leaving estate in county, California, and that the document hereinbefore filed dated. , purporting to be his last will, and so alleged to be in said petition, be admitted to probate as the last will of said deceased ; that be appointed administrat of said estate with the will annexed, and that letters of administration with the will annexed issue to upon taking the oath required by law and giving bond in the sum of $ Dated , 191 66 Order Admitting Foreign Will to Probate. (Title.) Now comes the petitioner. , by , his attorney, and presents a copy of the last will of said decedent and the probate thereof in the County of , State of , duly authenticated, and proves to the satisfaction of the Court that the time for hearing the petition for the probate of the will, filed on the day of , 191 (and for let- ters testamentary thereon) or (and for letters of ad- ministration with the will annexed as the case may be), was by the Court duly set for hearing on the day of , 191 , and that no- tice of said hearing has been duly given as required by law; (if continued add: "And the hearing having been regularly continued to this time") and no per- son appearing to contest the said petition, the Court proceeds to hear the evidence and thereupon finds the facts alleged therein to be true and that said petition ought to be granted, and it appearing on the face of the authenticated record of the probate of said will so presented and on file herein, that said will has been duly proved, allowed and admitted to probate in the Court of the County of , State of , on the day of. , 191 , and that said will was executed (ac- cording to the laws of the State of , in which the same was made, or according to the laws of the State of , in which state the tes- tator was domiciled at the time of his death, or in con- formity with the laws of this state) ; It is therefore ordered and adjudged by the Court that , died testate on the day of , 191 , a resident of the County of , State of , leaving an estate in the County of Los Angeles, State of California; that the document heretofore admitted to probate in the Court of the County of , State of as 1 he Last will of said deceased and so alleged to be in said petition, a certified copy of which is filed herein, be admitted to probate as the last will of said drcr;i 67 that be appointed (execut of said estate, or administrator, with the will annexed, as the case may be) and that letters (testamentary, or of administration with the will annexed) issue to said upon h taking the oath re- quired by law. (If bonds are not waived or if letters of administration with the will annexed are ordered, add "and giving bond in the sum of $ ") Dated , 191...'. Order Appointing Administrator (de bonis non). (Title.) In the matter of the estate of Now comes the petitioner , by f h attorney, and proves to the satisfaction of the Court that the petition for let- ters of administration (de bonis non) herein was filed on day of , 191 , and that on the same day the time for hearing the same was by the Clerk duly set for the day of , 191 , and that notice of said hearing has been duly given as required by law, -•• and no persons appearing to contest said petition the Court proceeds to hear the evidence, and thereupon finds that the facts therein alleged are true, and that said petition ought to be granted. It is therefore ordered by the Court that be appointed administrat of all of the estate of said , deceased, not heretofore administered, and that letters of adminis- tration thereon issue to upon taking the oath as required by law and giving bond in the sum of $ Dated , 191 r.8 Order Assigning Whole Estate Under Section 1469. (Title.) It appearing to the satisfaction of the Court that a verified petition having been filed and notice of the order requiring all persons interested in said estate to appear on the day of , 191 , to show cause why the whole of said estate should not be assigned for the use and support of the family of said deceased, has been duly given as required by law and by the order of the Court, (if continued add, "and that the hearing thereof has been regularly continued to this day") and that the net value of the whole estate of said decedent does not exceed the sum of fifteen hundred dollars, and that the expenses of the last illness of said deceased, funeral charges and ex- penses of administration have been paid. It is therefore ordered, adjudged and decreed by the Court that the whole of the estate of said „ , deceased, be and the same is hereby as- signed to, and that the title thereof shall rest absolutely in , the widow ( or - , the minor child ) of said decedent, subject to what- ever mortgages, liens or incumbrances there may have been thereon at the time of the death of said decedent. The said property consists of the personal property de- scribed in the inventory (and the following described real estate, to-wit:). (Insert Description.) Dated , 191 Order Confirming Sale of Perishable Property. (Title.) Comes now , the of said estate, and presents his sworn report of the sale of property under the order hereinbefore made, show- ing that in pursuance of said order, and after giving notice as prescribed by law, and by the order of the Court, he sold said properly for the aggregate sum of , and he asks that said sales be eon firmed. And being fully advised in the premises, n is hereby ordered by the Court that said sales be ap- proved and continued. Dated , 101 69 Order to Sell Perishable Property. (Title.) Now comes , the of said estate, and presents his application for an order to sell personal property of the estate. And it appear- ing therefrom and from proofs taken that the following described personal property belonging to said estate is by nature perishable ; that it is likely soon to depre- ciate in value, and that it will incur loss and expense by being kept, it is ordered by the Court that the said proceed to sell at public auction upon days notice in the manner required by law, all of the follow- ing described personal property, to-wit : (Description.) (or if private sale — it is ordered by the Court that the said proceed to sell at private sale without notice, all the following described personal property, to-wit:) (Description.) Dated , 191 Order for Sale of Personal Property. (Title.) Comes now , of said estate, and presents his petition for the sale of certain personal property of said estate, and it appear- ing to the Court that due notice of the hearing of said petition has been given (by posting or by advertising) as required by law, and that the said sale is (for the best interests of said estate) or (necessary for the pay- ment of claims, expenses of administration or legacies). It is ordered by the Court that said proceed to sell at public auction after the notice and in the manner as provided by law, all the following personal property, to-wit : (Description.) Dated , 191. 70 Order Setting Apart Homestead — No Selection Being Made by Deceased in Lifetime. (Title.) On motion of , it having been duly made to appear to the Court that no homestead had been selected by the deceased in his lifetime, it is ordered by the Court that the land described as fol- lows, to-wit : (Insert Description.) be and the same is hereby set apart as a homestead for the use of , the surviving , and , the minor children of said decedent ("and that said land is com- munity property") (or if separate property, "and that said land was separate property of said deceased, and that the same be set apart only for the period of years from this date"). Dated , 191 Order Setting Apart Recorded Homestead — Community Property. (Title.) The inventory and appraisement herein having been duly made and filed, and the following described real estate having been appraised therein at not exceeding five thousand dollars in value, and having been duly selected and recorded as a homestead in the lifetime of said decedent and being community property, now on motion of , it is ordered by the Court that the same be set off to , the surviving of said decedent, as h property, subject to no other liability of said decedent than such as exists or has been created under Title V, Part 4, Division 2, of the Civil Code. Said land is de- scribed as follows, to-wit: Dated , I'M 71 Order Setting Apart Recorded Homestead, Selected by Survivor Only — Separate Property. (Title.) The inventory and appraisement herein having been duly made and filed, and the following described real estate having been appraised therein at not exceeding five thousand dollars in value, and having been duly selected and recorded as a homestead by the of said decedent during h life, out of h separate property, the said decedent not having joined in said selection, now on motion of , it is ordered by the Court that the same be set off for the period of years from this date to the family of said decedent, namely h and h minor chil- dren, the same thereafter to vest in the legal heirs of said decedent, and to be hereafter subject to no other liability of said decedent than such as exists or has been created under the provisions of Title V, Part 4, Division 2 of the Civil Code, if any such liability there be. Said land is described as follows, to-wit: (Description.) Dated , 191 Order Setting Apart Recorded Homestead, Selected by Decedent — Separate Property. (Title.) The inventory and appraisement herein having been duly made and filed, and the following described real estate having been appraised therein at not exceeding five thousand dollars in value, and having been duly selected and recorded as a homestead by said decedent during h life, out of h separate property, now on motion of , the of said deceased, it is ordered by the Court that the said premises be set off to , the surviving of said decedent, as h property subject to no other liability of said decedent than such as may exist under Title V, Part 4, Division 2 of the Civil Code, if any such liability there be. Said land is described as follows, to-wit: (Description.) Dated , 191 72 Order Setting Time for Hearing Report of Appraisers and Prescribing Notice — Value Exceeding $5,000. (Title.) The appraisers appointed by the Court to appraise the estate of said decedent having filed their return appraising the homestead selected and recorded in the lifetime of the deceased at more than five thousand dol- lars at the time the same was selected, and (setting apart a portion thereof as a homestead — or — that the premises cannot be divided without material injury) it is ordered by the Court that the day of , 191 , be the day for hearing any objections thereto, and that the Clerk give notice of said hearing by posting notices thereof not less than ten days prior to said date, in three public places in Los Angeles County. Dated , 191 Order Setting Apart Homestead Worth More Than $5,000 When Selected. (Title.) It appearing to the satisfaction of the Court that due and legal notice has been given by the Clerk for the time and in the manner as directed by the Court, of the report of the appraisers herein appraising the value of the homestead of said decedent at the time of its selection in his lifetime at more than five thou- sand dollars, and admeasuring and setting apart a por- tion thereof as a homestead, and the widow of said decedent having filed her objections thereto (and the said hearing having been regularly postponed to this time), and the Court having heard the said matter and confirmed said report in all things, It is therefore ordered by the Court that said report be in all things confirmed and that the land so admeas- ured be and the same is set apart (as a homestead for the use of , the said widow, and that the same was community property and shall vest absolutely in the widow) or (for the period of years from the date hereof for the use of the said widow and _ the minor children of said decedent, as a homestead, and that the same was separate property and said de- ceased did not join in the selection thereof). 73 Said portion so set apart is described as follows, to- wit: (Description.) Dated , 191 Order to Show Cause — Sale of Mines. (Title.) It is ordered by the Court that all persons interested do appear before the Superior Court of Los Angeles County, State of California, in Department 2 there- of, on the day of , 191 , at o'clock M., then and there to show cause, if any they have, why an order should not be granted to as of the estate of said decedent, authorizing him to sell the mine, min- ing interests, shares and stocks belonging to said estate and set forth in the petition of for the sale thereof, filed herein on the day of 191 , and that a copy of this order be published at least four successive weeks in , a newspaper printed and published in said County of Los Angeles. Dated , 191 Order to Show Cause — Sale of Real Estate. (Title.) It appearing to the Court from the verified petition of , on file herein, that it is (necessary or would be for the advantage, benefit and best interests of the estate, and those interested therein) to sell the (whole or some portion) of the estate of said decedent. It is ordered by the Court that all persons interested in the estate of said deceased, do appear before the Superior Court of Los Angeles County, State of Califor- nia, in Department 2 thereof, on the day of - , 191 , at o'clock M., then and there to show cause, if any they have, why an order should not be granted to the of said estate for the sale of the real property belonging to said estate, as prayed for in the petition by him hereinbefore filed. And that a copy of this order be published at least four successive weeks in , a newspaper printed and published in said County of Los Angeles. Dated , 191 74 Order for Sale of Real Estate. (Title.) Comes now the of said estate by _ , h attorney, and pre- sents h petition for authority to sell the real estate of said decedent. And it being proven to the satisfac- tion of the Court (that due publication of the order to show cause has been made as required by law and by order of Court), (if continued and the hearing having been regularly postponed to this day) the Court pro- ceeds to the hearing thereof, and from proofs offered the Court finds that a sale of the real property of said estate as prayed for in said petition is necessary in order to raise funds to pay the debts, family allowance and expenses of administration of said estate, that said real estate is of the value of $ , and is (unimproved and unproductive) or (in need of re- pairs and produces no income — or other brief state- ment of condition) or (will be for the advantage, ben- efit and best interests of the estate and those interested therein) or (if to pay a lien omit all in parenthesis and insert — is necessary to pay the lien thereon described in said petition) and that all the allegations of said petition are true. It is therefore ordered by the Court that said , as of said estate, be and he is hereby authorized to sell in manner and form required by law, all of the real estate hereinafter described, at (private sale or public auction — as the case may be) to the highest bidder upon the following terms, to-wit : (Insert Terms.) and that before mak- ing the sale the said must give a bond in the form required by law, in the penal sum of $ The real estate hereby authorized to be sold is described as follows, to-wit: Dated , 191 NOTE: Under Sec. 1544 C. C. P., upon proper aver- ment in the petition for sale, the Court may authorize B sale of the whole or any part of the real estate at public or private sale, as the executor or administrator shall judge to be most beneficial for the estate. 75 Order for Short Notice — Private Sale of Real Estate. (Title.) Proceed as in order for sale of real estate to the clause relating to bond, and following that insert the following : And that the time of notice of said sale be shortened so that a sale may be made on or after a day not less than eight days from the first publication of the notice of sale. The real estate hereby authorized to be sold is described as follows, to-wit: (Description.) Dated , 191. Order Confirming Sale of Real Estate. (Title.) Now comes , the „ of said estate, by , his attor- ney, and proves to the satisfaction of the Court that his return of sale of real estate, under the order of sale hereinbefore made, was duly filed in the office of the Clerk of this Court on , 191 , that the Clerk thereupon fixed the day of , as the day for the hearing thereof, and gave due notice of said hearing by posting notices in form and manner as required by law (if continued, add : and the hearing having been regularly postponed to this day) and thereupon after examining the re- turn and hearing the evidence the Court finds there- from that said property was sold to.: , for the sum of 76 in cash, that being the highest and best bid therefor, that said sale was legally made and fairly conducted; that notice of the time, place and terms of said sale was duly given in manner and form as pre- scribed by law and by the order of this Court, and that said notices described said land as the same is hereinafter described; (if at private sale) that Baid property was appraised within one year of the time of such sale, and that the price obtained at such sale is at least 90% of said appraised value; that the price obtained thereat is not disproportionate to the value of the property sold ; that a sum exceeding said bid at least ten per cent, exclusive of the expense of a new sale, cannot be obtained; and no person objecting there- to or offering a higher price; that the said _ „ „ , in all things proceeded with and managed such sale as required by law in such cases made and provided; and that all the allegations of said return and petition are true. It is ordered by the Court that the sale of the real estate hereinafter described to for the sum of _ in cash payable as follows : (State terms of sale.) be and the same is hereby confirmed, and upon pay- ment of the price aforesaid said „ , executor is directed to execute to said purchaser a deed of conveyances thereof. Said land is described as fol- lows, to-wit : (Description.) Dated , 191. 77 Order Confirming Sale of Real Estate Under Will. (Title.) Now comes , the of said estate by Mr _ , his attorney, and proves to the satisfaction of the Court that his return of sale of real estate made under the authority given in the will of said deceased was filed in the office of the Clerk of this Court on 191 ; that the Clerk thereupon fixed the day of , 191 , as the day for the hearing thereof, and gave due notice of said hearing by posting notices in form and manner as required by law: (If continued add — and the hearing having been regularly postponed to this day,) and thereupon, after examining the return and hearing the evidence, the Court finds therefrom that said property was sold to : for th e sum of in cash, that being the highest and best bid therefor ; that said sale was legally made and fairly conducted and in all respects according to the directions given in the said will as to the mode of selling the same, (if at pri- vate sale). That said property was appraised within one year at the time of such sale, and that the price obtained at such sale is at least 90% of said appraised value ; that the price obtained is not disproportionate to the value of the property sold and that a sum ex- ceeding said bid at least ten per cent, exclusive of the expense of a new sale cannot be obtained; and no person objecting thereto or offering a higher price; that the said in all things proceeded with and managed such sale as required by law in such cases made and provided, and that all the allega- tions of said return and petition are true: It is ordered by the Court that the sale so made of the real estate hereinafter described, to , for the sum of $ , (in cash, or payable as follows: State terms.) be and the same is hereby confirmed, and that upon payment of the price aforesaid, the said executor execute to said purchaser a deed of conveyance thereof : Said land is described as follows: (Description.) Dated , 191 78 Order Confirming Sale of Real Estate on Bid in Open Court. (Title.) Now comes , the of said estate by , his attorney, and proves to the satisfaction of the Court that his return of sale of real estate under the order of sale heretofore made was duly filed in the office of the Clerk of this Court on , 191 ; that thereupon the Clerk fixed the day of , 191 , as the day for hearing thereof, and gave due notice of said hearing by post- ing notices in form and manner as required by law, and (if continued add — the hearing having been reg- ularly postponed to this day,) thereupon the Court, after examining the return and hearing the evidence finds that notice of the time, place and terms of said sale was duly given in manner and form as prescribed by law and by the order of this Court, and that said no- tices described said land as the same is hereinafter de- scribed (if at private sale), that said property was ap- praised within one year of the time of such sale and that the price obtained at such sale is at least 90% of said appraised value, and that said sale was legally made and fairly conducted, and thereupon in open court in writing offered the sum of $ for said land upon the terms prescribed in the order of sale, and he being a responsible person, the Court accepted said offer and confirmed said sale to him accordingly. It is therefore ordered by the Court that the sale of said land so made in open court to said for the sum of $ payable as fol- lows, to-wit : (insert terms) be and the same is hereby confirmed, and upon payment of the price and com- pliance with the terms of sale as aforesaid by said pur- chaser, the said as of said estate is directed to execute to said purchaser a deed of conveyance of said land, which is described as follows, to-wit : (Description.) Dated , 191. 79 Order to Show Cause on Petition to Mortgage. (Title) It is ordered by the Court that all persons interested in the estate of , deceased, do ap- pear before the Superior Court of Los Angeles County, State of California, in Department 2 thereof, on the day of , 191 , at. o'clock M., then and there to show cause, if any they have, why the real estate described below should not be mortgaged for the sum of $ as prayed for in the petition of , the of said _ this day filed, or such lesser amount as to the Court shall seem meet. Reference is made to said petition for further partic- ulars. And that a copy of this order be published at least four successive weeks in a newspaper of general circulation published in said County of Los Angeles. Said real estate is described as follows, to-wit: (Description.) Dated , 191. 80 Order Authorizing Mortgage. (Title.) Comes now , the.. of said , by , his attorney, and presents h petition for authority to mortgage the real estate of said , and proves to the satisfaction of the Court that the order herein made requiring all persons interested to show cause why said real estate should not be mort- gaged, was duly published four successive weeks be- fore the time appointed for this hearing in a newspaper of general circulation, published in said County, (If continued add — and the hearing having been regularly postponed to this time), the Court thereupon proceeds to hear the said petition (and the objections of __. thereto) and after hearing the evidence the Court being satisfied that the same is for the ad- vantage of said estate, grants said petition, as follows, to- wit : It is therefore ordered by the Court that said , as „ of the estate of said (decedent or minor) be and he is hereby author- ized to borrow the sum of $ and to execute _ promissory note therefor, and a mortgage in form as mentioned in said petition to secure the payment thereof on the property hereinafter described, said notes to be payable from date in „ of the United States, and to bear in- terest from date not exceeding per cent, per an- num, and attorney's fees not exceeding — per cent. on principal, if suit is brought to foreclose said mort- gage, and the buildings on said property shall be in- sured for the further security of the lender (and the said interest to be paid solely out of the income of said property). The property to be mortgaged is situated in County, State of California, and is described as follows, to-wit: Dated , 191 81 Order to Show Cause Why Lease Should Not Be Made. (Title) It is ordered by the Court that all persons interested in the estate of do appear before the Superior Court of Los Angeles County, State of California, in Department 2 thereof, at the court house in said county, on the day of , 191 , at o'clock M., then and there to show cause, if any they have, why the real estate de- scribed below should not be leased by the of said estate for the period of at a rental of dollars per , payable upon the terms and conditions men- tioned in the petition of said filed herein on , 191 , to which peti- tion reference is made for further particulars. And that a copy of this order be published at least two successive weeks in a newspaper of general cir- culation published in said County of Los Angeles. Said real estate is described as follows, to-wit : (Description.) Dated , 191. Order for Notice of Hearing of Petition for Conveyance. (Title.) having filed herein his veri- fied petition praying for an order directing the of the estate of , de- ceased, to execute a conveyance of certain real estate; It is hereby ordered that the hearing of said peti- tion be had at the court room of Department 2 of this Court on the day of , 191 , and that notice thereof be served on the of said estate at least five days before said time of hearing and be published in the newspaper known as _ at least four successive weeks before said time of hearing. Dated , 191 82 Order Authorizing 1 Lease. (Title) Comes now , the of said by „ , h „ attorney, and presents h petition for author- ity to lease certain real estate of said , and proves to the satisfaction of the Court that the order herein made requiring all persons interested to show cause why said real estate should not be leased was duly published in a newspaper of general circu- lation in this county for two successive weeks before the time appointed therein for this hearing (if contin- ued add — and the hearing having been regularly post- poned to this time) (and having appeared and filed objections to granting said petition) the Court thereupon proceeds to the hearing of said petition and after hearing the evi- dence the Court being satisfied that the same is for the advantage of the estate grants said petition as follows, to- wit : It is ordered by the Court that , as of the estate of , be authorized, empowered and directed to make a lease of the land herein described for a period not less than nor more than at a rental of not less than per nor more than per an d upon the terms and conditions following, to-wit : (State other terms and conditions if any.) Said real property is described as follows, to-wit : (Description.) Dated 191. 83 Order for Conveyance of Land Sold by Decedent. (Title) Now comes , the petitioner herein, by , his attorney, and proves to the satisfaction of the Court that notice of the time and place of the hearing of this petition here- in was (duly served on _ , the „ of said estate, as required by law and by order of the Court, and was) duly published in the - , a newspaper of general circulation, published in the County of Los Angeles, at least four successive weeks before the time fixed for said hearing, and said also appearing by , his attorney, and after hearing the evidence, the Court being satisfied that the deceased was bound by a contract in writing to convey the property hereinafter described to — , and died before making such con- veyance, that said petitioner is entitled to a convey- ance as prayed for in his petition : It is therefore ordered, adjudged and decreed by the Court that the said . as — of the estate of .". , de- ceased, be and he is hereby authorized and directed forthwith to execute as such a deed of conveyance to said for the land described as follows, to-wit: (Description.) Dated , 191.. 84 (Conditional) Order for Conveyance of Land Sold by Decedent. (Title) Now comes , the petitioner herein, by _ _ , attorney, and proves to the satisfaction of the Court that notice of the time and place of hearing his petition herein was (duly served on , the of said estate, as required by law and by the order of Court and was) duly published in the newspaper known as , a newspaper of general circulation pub- lished in the County of Los Angeles, that said publica- tion was made for four successive weeks before the time appointed by the Court for said hearing, (and said also appears by , his attorney,) and after hearing the evidence, the Court being satisfied that the decedent was bound by a con- tract in writing to convey the property hereinafter described to , and died before making such conveyance, that said petitioner is en- titled to a conveyance upon the conditions hereinafter stated. It is therefore ordered, adjudged and decreed by the Court that the said as of the estate of , de- ceased, be authorized and directed to execute as such a deed of conveyance to said „ for the land described as follows to-wit : (Description.) It is further ordered that said deed be delivered to said „ only upon the payment by him to said of the sum of $ , the said payment and delivery to be concurrent. (In- sert other conditions, if any remain unperformed.) Dated , 191 85 Order Confirming Sale of Contract to Purchase Land. (Title.) Proceed as in sale of land down to beginning of or- der and there insert as follows : And the said purchaser having executed a bond to the said _ as of said estate for the benefit and indemnity of said and of the persons entitled to the in- terest of the decedent in the land so contracted for, in the sum of $ , the same being double the whole amount of payments hereafter to become due on said contract, and conditioned as required by law, and the Court having approved said bond and the sure- ties thereon, the said sale is now confirmed. It is therefore ordered by the Court that said sale so made to for the sum of $ of the contract of purchase possessed by said decedent hereinafter described, be in all things confirmed and that upon payment of said price the said shall execute to said purchaser an assignment of said contract, the same being described as follows, to-wit : (Insert description of contract according to legal effect, giving times of payment, amounts of each, etc., etc. Description of land.) Dated , 191 Order for Partial Distribution When the Time to File Claims Has Not Expired. (Title) Now comes , the petitioner herein, by , h attorney, and shows to the Court that h petition for partial dis- tribution herein was filed on the day of , 191 , and that on the same day the Clerk appointed the day of , 191 , as the day for the hearing thereof, and that notice of the time and place of said hearing has been duly given as required by law, and (If continued add — said hear- ing having been regularly postponed to the present time,) the said petition is now presented to the Court and (no person appearing to contest the same) or 86 ( having appeared by , his attorney, and filed objections and ex- ceptions to said petition,) the Court, after hearing the evidence, grants said petition as follows, to-wit : It is ordered by the Court that the said before receiving h interest or any por- tion thereof, shall each execute and deliver to the of said estate a bond in the penal sum of $ , to be approved by the Court or judge, payable to the executor or administrator, and condi- tioned for the payment, whenever required, h proportion of the debts due from said estate, not ex- ceeding the value of the portion thereof to which he or she is entitled ; and that the said as of said estate deliver to the said person so executing said bond the portion of said es- tate as follows, to-wit: To the said upon the giving by him of the bond required as aforesaid; the following por- tion thereof. To the said upon the giving by him of the bond required as aforesaid, the following portion thereof. Dated , 191 NOTE — Court has no power to order partial distri- bution upon petition of administrator or executor. Order for Partial Distribution Without Bond. (Title) Now comes , the petitioner herein, by , h attorney, and shows to the Court that h petition for partial dis- tribution herein was filed on the day of , 191 , and that on the same day the Clerk appointed the day of , 191 , as the day for the hearing thereof, and that notice of the time and place of said hearing has been duly given as required by law, and (If continued add — said hearing having been regularly postponed to tin' present time,) the said petition is now presented to the Court and (no person appearing to contest the same,) or ( having appeared by 87 , h attorney, and filed ob- jections and exceptions to said petition) the Court, after hearing the evidence, grants said petition as fol- lows, to-wit: It is ordered by the Court that the giving of any bond by the said before receiving h share of said estate be dispensed with and that the said as the of said estate forthwith deliver to said as (the whole of) or (a part of) h share of said estate the following described property, to-wit : (Description.) and that he shall also deliver to the said as the of h share of said estate, the following described property, to-wit: (Description.) Dated , 191. Order Establishing Service of Notice — To Determine Heirship. (Title) Upon motion of , the petitioner herein, by , his attorney, and due proof of service having been made, it is adjudged and decreed by the Court that due service of the notice and order to show cause issued upon the filing of the petition of _ for the ascertainment of the rights of the persons interested in said estate has been made as required by law and by the order of the Court by the persons named in the said order. Dated , 191 88 Order Appointing Appraisers and Collateral Inherit- ance Appraiser. (Title) Good cause appearing therefor, it is hereby ordered that three disinterested persons, competent and capable to act, be and they hereby are appointed appraisers to appraise the estate of~ , deceased. And good cause appearing therefor, it is further or- dered that said - , a duly appoint- ed, qualified and acting Inheritance Tax Appraiser in and for the County above named, be and he hereby is appointed and directed to fix the clear market value of the property of said estate at the date of the death of said decedent, and to appraise all interests, inherit- ances, transfer and property in said estate subject to the payment of inheritance tax under the laws of the State of California. Dated , 191 Judge of the Superior Court. Order Fixing Collateral Inheritance Tax. (Title) Upon the report of the appraiser herein appointed it is ordered by the Court that the value of the prop- erty of said estate to be received on distribution and the tax to be paid thereon by the following named per- sons, respectively, is as follows, to-wit : value $ ; tax due $ , etc., and that the of said estate forthwith give notice of the substance of this order to each of said persons, by written notice sent by mail to the respective ad- dress of each person whose address is known to him or to the attorneys of such as have appeared herein. Dated , 191 89 Order Settling Final Account and for Distribution. (Title) Now comes , the of said estate by , his attorney, and proves to the satisfaction of the Court that his final account and petition for distribution herein was rendered and filed on the day of , 191 ; that on the same day the Clerk of this Court appointed the day of , 191 , for the settlement and hearing thereof; that due and legal notice of the time and place of said settlement and hearing has been given as required by law ; (If continued add — and the same having been by the Court regularly postponed to the present time) and said account and petition are now presented to the Court, and no person appearing to except to or contest said account or petition, the Court after hearing the evi- dence settles said account and orders distribution of said estate as follows : It is ordered, adjudged and decreed by the Court that said has in his possession be- longing to said estate, after deducting the credits to which he is entitled, a balance of $ _ ,.of which $ is in cash, and the remainder consists of the property hereinafter described at the value of the appraisement that said account be allowed and settled accordingly; that said deceased left surviving as his only heirs at law certain persons whose names and re- lationship to the deceased are as follows, to -wit : that out of the residue of cash in hands said pay $ hereby allowed as attorneys ' fees, and retain as com- mission allowed by law for his services, and that the balance of cash in hands, and all the residue of the property of said estate as hereinafter described and all other property belonging to said estate, whether de- scribed herein or not, be distributed as follows: to one part thereof, etc. 90 The property of said estate hereby distributed so far as the same is known is described as follows : 1. Balance of cash as aforesaid 2 Dated , 191. Order Settling- Final Account and for Distribution Under Will. (Title) Now comes , the of said estate, by - _ , h attorney, and proves to the satisfaction of the Court that final account and petition for distribution herein was rendered and filed on the day of , 191 ; that on the same day the Clerk of this Court appointed the day of , 191 , for the settlement and hearing thereof; that due and legal notice of the time and place of said settlement and hearing has been given as required by law; (if continued add — and the same having been by the Court regularly postponed to the present time) and the said account and petition are now presented to the Court ; and no person appearing to except to or contest said account or petition, the Court, after hearing the evi- dence, settles said account and orders distribution of said estate as follows : It is ordered, adjudged and decreed by the Court thai said has in possession be- longing to said estate, after deducting the credits t<> which is entitled, a balance of $ of which $ is in cash, and the remainder consists of the property hereinafter described at the value of the appraisement, and that said account be allowed and settled accordingly; and that in pursuance of, and ac- cording to the provisions of the last will of said de- cedent the said property and all other property be- longing to said estate, whether described herein or not, is distributed as follows, to-wit: Dated , 191 91 Order for Notice of Application for Partition on Distribution. (Title) A petition having been filed herein by , as of said deceased praying for the partition of all that portion of the said estate which may be assigned by the decree of distri- bution herein, in common and undivided to (give names) ; it is ordered by the Court that public notice of the time and place of hearing said petition, to the persons to whom by law notice is required, be given by posting notices thereof in at least three public places in the County of Los Angeles, State of Calfornia, for at least ten days before , 191 , the time appointed for said hearing. Dated , 191 Note — Petition for this order cannot be filed by an executor or administrator. Order must be entered and notice given before dis- tribution. Order Appointing Commissioners to Make Partition. (Title) Come now , the petitioners ap- plying for partition herein, by , h attorney , and prove to the satisfaction of the Court that due and legal notice of the said petition and of the time and place of hearing the same has been given as required by law and by the order of the Court, and the same now coming regularly on for hearing, upon the said petition and the records and files herein, (if any contest is made add — and also appearing by , h attor- ney in opposition thereto, and the issues being joined) and it further appearing that an order and decree of distribution of said estate has been duly made herein, the Court, after hearing the evidence, finds that parti- tion ought to be made herein as hereinafter set forth : It is therefore ordered by the Court (that and ! be appointed commissioners herein) or (if but one is appointed, thus — the parties having consented to the appointment of only one com- missioner, that - be appointed com- missioner herein), and that as such commissioner 92 h proceed after giving notice as required by law to make partition and division of the property here- inafter described, and segregate and set off the same in severalty as follows, to-wit : To _... the equivalent of an undivided part thereof ; to the equivalent of an undivided part thereof, etc., and that the part allotted to each be ascertained, marked and described so that the same can be easily distinguished, and that the partition so made be forthwith reported to this Court : The property to be so partitioned is described as fol- lows, to-wit : (Description.) Dated , 191 Order to Show Cause, Under Sec. 1469 C. C. P. (Title.) It is ordered that all persons interested in the estate of - „ , deceased, do appear in the Su- perior Court of Los Angeles County, State of California, in Department 2 thereof, on day, the day of , 191 , at 10 o'clock A. M., then and there to show cause, if any they have, why the whole of the estate of said deceased should not be assigned for the use and support of , the of said deceased. Dated , 191 Order Accepting Resignation of Testamentary Trustee. (Title) The declination in writing of , who was named in the will of said deceased as trustee of certain property therein disposed of, having been filed herein on the day of , 191 , and the Clerk having thereupon fixed the day of , 191 , as the time for hear- ing said resignation, and having given notice of said hearing as required by law (and the hearing having been regularly postponed to this date) the Court now accepts said resignation. It is therefore ordered by the Court that the resig- nation of as trustee of certain property under the will of said deceased be accepted. Dated , 191 93 Order Appointing Trustee. (Title) Now comes , a person interest- ed in the trust created by the last will of said deceased, and shows to the Court that on the day of , 191 , he filed h application for the appointment of (or some other person) as trustee herein, and that thereupon the Clerk appointed the day of ., 191 , as the day for hearing said application, and that due notice of said hearing has been given to all parties interested in said trust as required by law, and by the order of the Court (and said hearing having been regularly postponed to this time), and the Court being satisfied that the law requires, and that in order to carry out said trust it is necessary, that a trustee be appointed, It is therefore ordered by the Court that be appointed as trustee under the will of said deceased, to fill the vacancy in said trusteeship caused by the (death) or (removal from the State of California) or (resignation) of , the person named as such trustee in said will (or — by the failure of said testator in said will to appoint any person as trustee to carry out said trust) that before acting as trustee he shall give a bond in the sum of dollars, in form as required by law, and that thereupon he shall have power as such trus- tee to (Insert the powers as stated in the will or de- cree of distribution). Dated , 191 94 Order Fixing Time of Hearing and Directing Notice to Be Given Under Section 1723 C. C. P. (Title.) It appearing to the court that has heretofore filed his verified petition in the above entitled matter, it is ordered by the Court that the hearing of said petition be, and the same is hereby- set for the day of , 191 , at the hour of 10 o'clock A. M. in Department 2 of said Superior Court, and that notice of the pendency and hearing of said petition be given by posting notice for at least ten days before the hearing in at least three public places in said County of Los Angeles, California, one of which must be at the place where the Court is held, which notice must contain the name of the de- cedent, the name of the applicant, the description of the property, the date and the Book and page of the record of the instrument under which relief is sought. Dated , 191 Judge of the Superior Court. Decree Under Section 1723 C. C. P. Declaring Home- stead Vested in Survivor. (Title) (Proceed as in case of an ''Order Declaring Life Es- tate Terminated," to the words "It is therefore or- dered," etc., and then as follows:) It is therefore ordered, adjudged and decreed by the Court that the said died on the clay of , 191 ; that at the time of h death he was the (husband or wife) of Dated 191. 95 Decree Under Section 1723 C. C. P. Terminating Life Estate. (Title) Now comes „ , the petitioner herein, by , his attorney, and proves to the satisfaction of the Court that he filed his verified petition herein on the day of. , 191 ; that thereupon the Court by order prescribed the notice to be given of the pendency and hearing thereof, and that in compliance with said order, notice of the pendency and hearing of said petition was duly given by (insert manner of notice as prescribed in order therefor and as proved) and the time of notice prescribed having elapsed, and no person having ap- peared to contest or oppose said petition, the Court, after hearing the evidence, finds that the allegations of said petition are true and that the prayer thereof ought to be granted. It is therefore ordered, adjudged and decreed by the Court that the said died on the day of. , 191 , and that h life estate, right, title and interest in the land hereinafter described has, by reason of h death, absolutely terminated, that neither the heirs at law of said deceased, namely (give the names) nor any other person interested in the estate of said deceased received or became vested of, by descent, succession or otherwise, from said deceased at h death, any right, title, interest or estate in said land. The said land is situated in Los Angeles County, State of California, and is described as follows, to-wit : (Description.) Dated , 191 . 96 Decree* Under Section 1723 C. C. P. Terminating Joint Tenancy. (Title.) Comes now , the petitioner here- in, by , his Attorneys, and proves to the satisfaction of the Court that he filed his veri- fied petition herein on the day of , 191 , that thereupon the Court, by its order duly en- tered, prescribed the notice to be given to the pendency and hearing thereof, and in compliance with said order notice of pendency and hearing of said petition was duly given by posting notice for a period of at least ten days before the hearing in at least three public places in the County of Los Angeles, State of California, one of which was at the place where the Court is held, which said notice contained the name of the decedent, the name of the applicant, the description of the property, the date and the book and page of record of the instru- ment under which relief is sought, and the date of the hearing of said petition, as required by said order and the rules of the Court, and the time of the notice pre- scribed having elapsed, and no person having appeared to contest or oppose said petition, oral and documen- tary evidence having been introduced, the Court, after hearing the evidence, finds that all of the allegations of said petition are true, and that the prayer thereof ought to be granted : It is therefore ordered, adjudged and decreed by the Court that said > died on the day of , 191 Done in open Court this day of.. 191 Judge of the Superior Court. 97 Order Prescribing Notice of Hearing Petition to Be Appointed Guardian of Minors. (Title) It is ordered by the Court that notice of the time and place of hearing the petition of for the appointment of as guard- ian of the persons and estates of minor child of , be given to , who has custody of said minor , and to _ , relatives of said minor , by notice served personally upon said persons at least days before the time of such hearing, which hearing is now set down for , 191 , at o'clock, M., in De- partment 2 of this Court. Dated 191 Order Appointing Guardian. (Title) The petition of for the ap- pointment of as the guardian of the persons and estates of coming on reg- ularly this day to be heard, and it appearing that no- tice of said hearing has been duly given as directed by the Court, and required by law, the Court, after hear- ing the evidence, grants said petition. It is therefore ordered by the Court that be appointed guardian of the person and estate of the said , and that letters of guardianship be issued accordingly upon his giving bond to each of said in the sum of dollars, and taking the oath as required by law. Dated , 191 98 Order for Notice of Hearing Petition for Guardianship Incompetent Person. (Title.) It having been represented to the Court by the vej-i- fied petition of , a of the above named , that the said is (insane and) men- tally incompetent to manage his property, It is ordered by the Court that a hearing of the said petition be had at the court room of Department 2 of this Court on the dav of , 191 , at 10 A. M., and that notice of the time and place of said hearing, and of the nature of said peti- tion, be given to the said by cita- tion served not less than five days before the day ap- pointed therefor, as aforesaid. Dated , 191 Order Appointing Guardian of Incompetent. (Title) Now comes , the petitioner herein, by , his attorney, and proves to the satisfaction of the Court that his petition was filed herein on the day of , 191 ; that thereupon the Court made an order ap- pointing the day of 191 , as the time for hearing the same and directing that notice of the time and place of such hearing be given; that due notice of the time and place of the said hear- ing was personally served on the said not less than five days before the time so appointed and (said hearing having been regularly postponed to this time,) (the said also appears in person ;md), or (and it is also shown to the satisfaction of the Court that the said is not able to attend in Courl al this hearing and cannol be produced, and) thereupon the Court proceeds to the hearing and examination upon said petition, and after hearing the evidence, finds that said is incapable of taking care of h self and (or) managing li property (and is in- sane), and thai said petition oughl to be granted. It is therefore ordered, adjudged and decreed by the Courl thai said is incapable of 99 taking care of h self, and (or) managing h prop- erty (and is insane) and that be appointed guardian of the person and (or) estate of said , and that letters of guardian- ship be issued accordingly upon giving bond as such guardian in the sum of dollars, and taking the oath required by law. Dated , 191 Note — A guardian may be appointed for the person or estate, or both. A corporation cannot act as guar- dian of the person. Order for Sale of Real Estate by Guardian. (Title in full) Now comes , the guardian of said , by Mr . , h attorney, and presents his verified petition for authority to sell certain real estate of said , and proves to the satisfaction of the Court that (due publication of the order to show cause herein has been duly made, as required by law and by the order of the Court) (if continued, add — and the hearing having been regularly postponed to this day), the Court proceeds to the hearing thereof, and after hearing the evidence and proofs offered, the Court finds that a sale of all of the interest of the said ward in the land hereinafter described (is necessary — give reasons) or (will be beneficial to the said ward for the reason (state reasons). It is therefore ordered by the Court that said _ as guardian of said , be and is hereby authorized to sell at (private or pub- lic) sale, after notice in form and manner as required by law, (and on a day not less than eight days from the first publication of the notice,) and upon the following terms, to-wit: (State terms) all of the in- terest of the said ward in the land hereinafter de- scribed; that before making said sale, said guardian give a bond in the form required by law, in the penal sum of $ The real estate hereby authorized to be sold is de- scribed as follows, to-wit : (Description.) Dated , 191 100 Notice to Secretary of State Commission in Lunacy of Hearing of Guardian's Report. (Title) To Secretary of State Commission in Lunacy, Sacra- mento, California : You are hereby notified that , guardian of the estate of , an incompetent person now confined in State Hospital, at , California, has filed in said Court his account as such guardian and that petition for settlement of said ac- count has been set for hearing on the day of , 191 , at o'clock m., of said day. , Guardian. By Attorney. Dated , 191 Service of a true copy of above notice on the day of , 191 , is hereby acknowledged. Witness my hand and the seal of State Commission in Lunacy. Secretary of State Commission in Lunacy. If service not acknowledged proof of service should be made in the following form : State of California, \ County of Sacramento. J , being first duly sworn, upon his oath deposes and says : that he is now and during all the times herein mentioned was a male citizen of the State of California, over the age of twenty-one years and not a party to or interested in the within entitled action ; that he personally served the within notice on , Secretary of State Commission in Lunacy, by delivering to said Secretary as aforesaid, personally, a true copy thereof in the City of Sacramento. California, on the - day of , 191 Subscribed and sworn to, etc. 101 Notice to Secretary of State Commission in Lunacy of Hearing of Guardian's Petition to Mortgage (Title) To Secretary of State Commission in Lunacy, Sacra- mento, California : You are hereby notified that , guardian of the estate of , an incompetent person now confined in _ State Hospital, at , California, has filed in said court his petition for leave to mortgage real estate of his said ward in an amount not exceeding $ , and that said petition has been set for hearing on the day of , 191 , at o'clock m., of said day. The real estate sought to be mortgaged is described as follows : , Guardian. By Attorney. Service to be acknowledged or proof of service made as for hearing of Guardian's account. Entry of Default — On Petition to Ascertain Heirship. (Title) The following named persons, to-wit (Insert) who alleged to have or claim some right or in- terest in the estate of , deceased, having failed to appear in the matter of the petition of to have the rights and interests of all persons in said estate declared, and said persons having each been duly served with notice of said peti- tion as required by law and by the order of the Court, and the time limited for such appearance having ex- pired, it is ordered and adjudged by the Court that said persons so failing to appear as aforesaid are in default in said proceedings and that the same be heard and de- termined in their absence. Dated , 191 Decree Establishing Heirship. (Title) Comes now , the petitioner herein, by , h attorney , and also comes complainant herein, by , h attorney , and (Insert other appearances in same way.) 102 and (insert names of persons not appearing) come not but herein make default, and each of them having been duly served with process herein, and failed to answer or plead to the complaint of filed herein , the said are each adjudged to be in default accordingly, and , having failed to answer or plead to the complaint of filed herein, said are each adjudged to be in default accordingly, and the issues being joined, the Court proceeds to the trial thereof, and after hearing the evidence and arguments of counsel, the Court makes and renders judgment as follows, to-wit : It is ordered, adjudged and decreed by the Court that died test ate on the day of , 191 , leaving sur- viving as his only heirs at law the persons whose names and relationship to said decedent are as follows, to-wit : (Insert.) (If deceased died intestate, proceed thus: And that thereupon the estate of said decedent de- scended to his said heirs at law, and is now vested in them, subject to administration, in the following pro- portions, to-wit: The said is the owner of an undivided thereof; the said. etc.. and each of said persons is entitled to dis- tribul ion of said estate according to his or her respect ive rights and interests herein set forth,) or (if deceased died testate proceed thus: Thai said decedent left a will which has been duly admitted to probate herein, and that by the terms of said will the whole of the said estate is devised and bequeathed as follows, to-wit: A specific money legacy of $ is bequeathed to : the following persona] prop- erty is bequeathed to , to-wit: (Describe it.) the following described real est ale is de- vised to , to-wit: (Description.) To be held, etc., (give any conditions <>r limitations) and all 1he residue of said estate is disposed of as follows: (Insert) and thai upon the distribution of said estate the said devisees and legatees are entitled to the re spective portions thereof as above sel forth, and thai in case the estate is not sufficienl to satisfy all the said bequests and devises the order of priority shall lie ;is follows : ( Insert. ) Dated 191 103 z '- - < H B 'A w a o < 'SI - fa u §3 fa Q < ft ft - z HA 8 ha co CO r*S HA ^ Is CO HA HA co r^ •♦A 4 CO CO S CO CO CO ts «o c< i •rA rs "rA 8 HA «0 CO •rA s» ^ js a 8 CO =0 C) CO is. ~A o ^ l — . HA r-st HA •rA «0 rV. HA o HA HA o co «0 HA CO •rA HA iS CO HA rs •rA SA o HA «0 CO i-A "©11 CO CO ^^ •hi HA rss r«5 lo f8 tS =0 -2 iS g H^ r»A 8 '** co r«A 8 CO rA ■X3 HA 8 riS HA 8 co CO -rA S •K CO T3 *0 r^ >N HA Qj HA Ci e Q> s •"H *£ V. •rA . HA ^ Q HA Is 3 3 CO CO HA sS CO ^ •2 c CO rd fS. HA ■y CO ^ CO «0 IS CO •i^> ••s. CO HA CO ■a •rA rA | * HA CO HA •rA HA a eo HA CO ^ HA o HA iS co •rA v. o rS ^ '©A * iS •rA e o k co Q) CO 8 co k. Is co fc H^ • a. a. 8 «0 e * &> 3 CO HA CO r< CO CO e co **, co C ^•8 CO HA rs rs o •rA rs CO I CO 4 o Decree of Partition. (Title) Now come , by , h attorney, and present to the Court the report of , commissioner ap- pointed by the Court to make partition herein, and moves the court to confirm the judgment accordingly and (shows to the Court that notice of partition made and reported by said commissioner , and give the time and place of making said motion has been duly served on the attorneys of record of all parties inter- ested herein), or (has been duly given by posting no- tice thereof in three public places in this county at least ten days prior to said time) and no person ap- pearing to object to said partition (or and , appearing by ...., h attorney , and filing and presenting h writ- ten objection to said report and partition) the Court, having examined said report and heard the evidence offered, grants said motion, and confirms said partition. It is therefore ordered, adjudged and decreed by the Court, that said partition so made by said commis- sioner be confirmed, and that the same be made effectual forever between said parties, and that in ac- cordance therewith there be vested in in severalty, in lieu of his undivided share of said es- tate, the property described as follows, to-wit : (Description.) (Proceed with other shares in same manner.) The property to be so partitioned is described as fol- lows, to-wit : (Description.) Dated L93 105 Decree of Distribution. (Title) Comes now , the of said estate, by , his attorney, and proves to the satisfaction of the Court that his petition for distribution herein was filed on the day of , 191 ; that on the same day the Clerk of this Court appointed the day of , 191 , for the hearing thereof; that due and legal notice of the time and place of said hearing has been given as required by law and by the order of the Court, (if continued, add — the hearing having been regularly postponed to the present time,) said petition is now presented to the Court, and (no person appearing to contest the same) or ( _ having appeared by , attorney, and filed and presented objections and ex- ceptions to said petition) the Court, after hearing the evidence, orders distribution of said estate as follows: It is ordered, adjudged and decreed by the Court that said deceased left surviving as his only heirs at law those certain persons whose names and "relation- ship to said decedent are as follows, to-wit : (Insert.) (If a will add — that said decedent died testate and all of his estate is disposed of by his will as hereinafter decreed) or (if partially intestate say — that said de- ceased died testate disposing of only a part of his es- tate by will) and that the residue of the estate of said deceased, as hereinafter described, and all other prop- erty of said estate whether described herein or not, be distributed according to law (and the provisions of said will) as follows : 1. To— (Insert.) 2. To— (Insert.) 3. And the residue as follows to each a part thereof — etc. The residue so distributed to said last named persons is described as follows, to-wit : (Insert.) Dated , 191 106 Decree of Distribution to Foreign Executor. (Title) (Proceed as in "Decree Settling Final Account and for Distribution" down to the clause declaring the bal- ance and then as follows:) That the will of said de- ceased has been duly admitted to probate in the Court of County, State of , that said State was the place of res- idence of said decedent at the time of death, that it is necessary in order that (the whole of said estate may be distributed according to the said will) or (that a certain part of said estate hereinafter described may be distributed according to the said will) that the same be delivered to the of said in the said State of , and it is therefore ordered that the herein appointed do forthwith deliver to , the _ appointed by the said Court of County, State of (the whole of said estate remaining in hands as aforesaid) or (The following portion of said estate, to-Avit :) (Description.) Dated , 191 NOTE — To be used for personal property only. Decree Settling Account. (Title) Conies now , the of said estate, by , attorney, and presents to the Court for settlement this accounl showing cli a rues in favor of said estate amounting to $ and claiming credits amounting to $ , Leaving a balance of $ in hands belonging to said estate; and lie now proves to the satisfaction of the Court that said account was filed on , 191 ; that on the same day the <'lcrk appointed the day of , 191 , as the day for the settlement thereof, and thai notice of the time and place of said settlement has been duly given as required by law, and no person appearing to excepl to, or to contest said account, (if continued add and said set t leineni having been by the Court regularly postponed to this day.) the Court, after hear- ing the evidence, find said accounl correct. 107 It is therefore ordered, adjudged and decreed by the Court that said account be in all respects approved, allowed and settled. (If corrections are made, omit finding, and say — corrects and settles the same as follows: It is there- fore ordered, adjudged and decreed by the Court that the said account be, and the same is corrected so that the same show charges in favor of said estate amount- ing to $ , and credits amounting to $ , leaving a balance of $ belonging to said est- tate, and that as so corrected the same be allowed and settled.) Dated , 191 Decree Settling Account and for Payment of Claims. (Title) Comes now , the of said estate, by , h ....attorney, and presents to the Court for settlement his account and report showing charges in favor of said estate amounting to $ claiming credits amounting to $ , leaving a balance of $ in hands belonging to said estate; and he now -proves to the satisfaction of the Court that said account was filed on , 191 , that on the same day the Clerk appointed the day of - , 191 , as the day for the settlement there- of, and that notice of the time and place of said set- tlement has been duly given as required by law, and no person appearing to except to, or contest said ac- count, (If continued add — and settlement having been by the Court regularly postponed to this day — ) ; the Court, after hearing the evidence, finds said account correct, and that the claims set forth in the accompany- ing report are justly due and payable out of said estate. It is therefore ordered, adjudged and decreed by the Court that said account be in all respects approved, allowed and settled, and that said forthwith, out of the moneys in his hands belonging to said estate, pay all the debts filed and allowed against the said estate, to-wit : Claim of allowed for $ Claim of allowed for $ _ Etc. Dated , 191 108 Decree Settling Final Account — Insolvent Estate. (Title) Comes now - , the of said estate, by _ , his attorney, and presents to the Court for settlement his final ac- count and report showing charges in favor of said es- tate amounting to $ , and claiming credits amounting to $ , leaving a balance of $ in his hands belonging to said estate ; and from the proofs offered, the Court finds that said account was filed on , 191 ; that on the same day the Clerk appointed the day of , 191 , as the day for the settlement there- of, and that notice of the time and place of said set- tlement has been duly given as required by law, and no person appearing to except to, or contest said ac- count, (If contiuued add — and said settlement having been regularly postponed to this day) the Court, after hearing the evidence, finds that said account is correct and that the claims set forth in the accom- panying report are justly due and payable out of said estate. It is therefore ordered and adjudged by the Court that said account be in all things approved, allowed and settled, and that said do forthwith pay the said balance in his hands upon the claims against said estate, as follows, to-wit: To on his claim of $ , the sum of $ To on his claim of $ , the sum of $ Etc. Dated , 191 109 X § — ^x go HH Oo u HE & a 8? CO 8 so -to 8 -to so k -to -to Si so -to -to 8 k to to ^ O •to ■to I •to -to 8 CO to O -to *e» to to •to k a. 8 so SO is •to 8 so is, Si rto rto to < 8 l-to -to o' 8 rto rto> <+> 8 so to ?: to k so a. 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