entitled thereto, all the outstanding partnership debts of said firm, of every kind and nature whatsoever, and shall indemnify and save harmless the said administrator (executor) and assigns of the said decedent, ............, from and against any and all suits, actions, damages, costs, charges, and expenses by reason of any of such partnership debts, then this obligation is to be void, otherwise to remain in full force and effect. NOTE: See, also, Nos. 255 and 298. 353. Order Releasing from Payment of Claim Not Due. that, on the.......................... day of ..... ............................., 19...., an order was made herein allowing to..............., a creditor of the said decedent, ... No..... claim in class No. .............., for the sum of $............ (with interest at the rate of............ per cent per annum from ............), as shown by the record of claims herein, which claim is not payable until more than years from the date of the bond of ...................., the administrator of the said estate [or, the executor, etc.], and it further appears that............, one of the heirs of the said decedent, offers to give bond with sufficient surety to the said creditor, ........., for the payment of said claim when it shall become due and payable; ..... It is, therefore, ordered by the court that said bond, with and ............. as sureties, be taken by the said creditor, and that the administrator of the said estate [or, the executor, etc.] be released from the payment of said claim. [Signature of judge or surrogate.] ARTICLE XVIII. DETERMINATION OF HEIRS, AND OF THEIR INTERESTS IN THE ESTATE. 354. Petition to Determine Heirs of Decedent, and the Interests of All Persons in the Estate. Your petitioners undersigned respectfully show: 1. That they are interested in the estate of the said decedent, in this, to wit, 2. That the said decedent died ........testate on the day of, 19...., and ............ is the duly appointed, qualified and acting administrator of the estate [or, the executor, etc.] of said decedent. [And the last will and testament of the said decedent was, by a decree entered in the above entitled matter in the above named court, on the ............ day of..., 19...., admitted to probate, and the said decree remains in full force and effect.] 3. That a decree was also rendered in said cause in said court, on the day of, 19...., establishing that due notice to creditors had been given as required by law; and that, in accordance with an order made by said court in said cause for the payment of claims, all the claims allowed against said estate have either been paid or the estate released from obligation thereon, and there still remains a residue of said estate to be distributed to the parties legally entitled thereto. 4. That the names of the persons who are, by law [or, by virtue of the aforesaid last will and testament] entitled to share in the residue of said estate, their ages, relationships and places of residence, respectively, are as follows: Names Ages Relationships Residences 5. [If some of the heirs at law or legatees are unknown to the petitioners, state that fact here.] 6. That the names of the aforementioned interested minor children and the names and addresses of their general guardians, respectively, so far as known to your petitioners, are as follows: Names of Minors Names of Guardians Guardians' Residences 7. That the description, location, character and value of the said residue of the real and personal property of said estate, so far as known to your petitioners, are as follows: [Here describe the realty and personalty of the estate which will probably remain to be distributed]. 8. That, to facilitate a full administration of said estate in this court, it is necessary for the court to ascertain and declare, by decree, the following: (1) Who are the persons entitled to share in the residue of said estate (and who are the heirs at law of the said decedent, ............): (2) What property now belongs to said estate, and what is the nature of the ownership of said decedent's heirs and assigns, respectively, therein. Wherefore, your petitioners pray that an order be made by this court fixing the time for all parties interested in said estate (other than your petitioners) to appear and plead to this petition as required by law; and that, after the issues are completed, the cause be set for hearing, and an order made declaring the rights of all persons to said estate, and all interest therein and to whom distribution thereof should be made, as aforesaid, subject to the payment of the debts and costs of the administration of the estate. [Signatures of petitioners.] [Signatures of attorneys for petitioners.] 355. Order Fixing the Time for Appearance and Plea. [Title.] Now on this day of............, 19...., the administrator of the estate [or, the executor, etc.] of said decedent, ...... and ............ and ............ who claim to be heirs at law [or, legatees] of said decedent, having heretofore appeared and filed herein their petition asking the court to determine who are the heirs at law of said decedent, the property belonging to the estate of said decedent, the rights of all persons to said estate, and all interest therein and to whom distribution and assignment thereof should be made; Therefore, it is ordered by the court that the ............ .... day of 19.... (............), at the Court Room in the city of in said County of ........, be, and is hereby appointed the time and place where all persons interested in said estate, excepting the aforesaid petitioners, must enter their appearance herein; that on or before the day of ............, 19...., said interested persons so appearing must answer said petition (and serve a copy of said answer on each of the persons who have appeared herein within the above limited time), as provided by law; that on or before the day of ..........., 19...., the parties who desire to controvert said answers shall file herein their replies thereto; and that on the first day of the regular term of this court, next after the joining of the issues on the matters to be determined under the prayer of said petition, the court shall proceed to hear and determine the title to all property belonging to said estate, the heirs at law (and legatees) of said decedent, and the share and ownership of each of said parties in the estate, as aforesaid. ............ It is further ordered that notice, in the form of a summons, of the foregoing order, be issued by the of this Court, and that he cause the same to be served and published in the manner required by law. In witness whereof I have hereunto set my hand and the seal of said court, at .... ...., the day and year first above written. [Signature of judge or surrogate.] [Seal.] 356. Appearance and Waiver of Summons. [Title.] Whereas, heretofore, in the above entitled matter in the above named court, the present administrator of the estate [or, the executor, etc.] of the said decedent, ...................., and ...... ....... and as heirs at law [or, legatees] of the said decedent, appeared and filed in said matter their petition asking the court to determine who are the heirs at law [or, legatees] of said decedent, the property of which said estate consists, the rights of all persons and parties to said estate and all their interests therein, and to whom distribution and assignment thereof should be made; Now, therefore, the undersigned, .... who claims to be au heir at law [or, a legatee] of said decedent, hereby waives the issuance and service of summons herein, enters his general appearance in said above entitled matter for all purposes, and especially for the purpose of said petition, and hereby consents that said petition and every plea and motion relating thereto may be set down for trial at any time. [Signature of heir-or, legatee.] [Attach acknowledgment as in No. 6.] 357. Affidavit to Obtain Service by Publication. [Formulate from No. 26.] 358. Notice or Summons on Petition to Determine Heirs. [Title.] The State of Oklahoma: To ............. and to All other Persons Interested in said Estate: Greeting: Notice is hereby given that the said ... died, ........testate, on the ............ day of............, 19...., and said estate is being administered in the above entitled cause in the above named court [that, in said cause in said court, on the .... .... day of 19...., by a decree of the court, the last will and testament of the said decedent, was admitted to probate]; that day is the duly appointed, qualified and acting administrator [or, execu tor, etc.], of the said decedent's estate; that, on the... of............, 19...., the said administrator [or, executor] and and, as heirs at law [or, legatees] of the said decedent, appeared and filed in said matter in said court their petition which, in substance, asks the court to determine who are the heirs at law [or, the legatees] of said decedent and who are entitled to share in the distribution and the assignment of the following described real and personal property left by decedent, to wit, [describe the property]; and you, the said ............. and............ are named in said petition as heirs at law [or, legatees] of said decedent, who are entitled to share in the distribution and assignment of said property. .... You are further notified that on or before the day of 19...., you must enter your appearance herein in the manner provided by law, and on or before the....................... day of ...... 19...., you must answer said petition by an instrument of writing filed herein showing all the right, title, interest and equity you have and hold in and to each and every part of the said decedents estate (and serve a copy of such answer upon each of the other interested parties who have appeared herein in the manner provided by law); that all parties interested in said estate who desire to controvert said answers shall, on or before the .......... day of ............, 19...., file herein their replies thereto; that after the issues on said petition are thus completed, the court will, on the first day of the regular term of this court next following, proceed to determine from the pleadings, the record and the evidence herein, the heirs of law [or, the legatees] of said decedent, all property belonging to said estate and the title thereto, and the share and ownership of the parties entitled to distribution and assignment thereof. And if you shall be in default for appearance and plea, as aforesaid, the court will so adjudge. State of is The Sheriff of this said county of hereby commanded to make service of this writ on all of said non-appearing parties who reside in this last said County, in the manner provided by law, and said Sheriff will make due return of this writ on or before the ............ day of ............, 19..... Given, by order of the court, under my hand and official ...., this ..... day of ..........., 19..... seal, at [Signature, title and seal of court officer.] |