455. Motion for Succeeding Officer to Make Deed in Partition Sale. Comes now the plaintiff in the above entitled action and respectfully shows to the court that since the sale of the lands herein, ......., the officer who made the sale under the order of the court has been succeeded by one ............ who is now the duly qualified and acting administrator of said estate [or, other officer authorized by law to make the deed]. Wherefore plaintiff prays that the last named ............ be ordered to execute and deliver to the purchaser, .........................., a deed for the lands sold as shown by the return of the ............ filed herein on the day of .................................., 19..... [Name of plaintiff by his attorney.] 456. Order for Succeeding Officer to Make Deed in Partition Sale. [Title.] Now on this ............ day of ................................, 19...., it appearing to the court that since the sale of the lands herein, ...... the officer who made the sale under the former order of this court has been succeeded by one............ who is now the duly qualified and acting administrator of the estate of the said decedent, .... ............, [or, other officer authorized by law to make the deed] and the court being satisfied that such sale was regularly made by the said............, and that the purchase money has been fully paid [or, secured], it is, on motion, ordered that ................................, the present execute and deliver to the purchaser, ... lands so sold. a deed for the [Signature of judge or surrogate.] 19...., between 457. Officer's Deed in Partition Sale. This deed, made this.... day of... ............ administrator of the estate of deceased, of the County of............, State of............, of the first part, and ...... of the County of State of ......, of the second part, witnesseth: That said party of the first part, by virtue of an order of sale issued out of the ....... Court of the County of State of..., and dated the day of..., 19...., has sold the real property hereinafter described, in conformity with said order, the sale thereof having been confirmed, as required by law, by an order of confirmation made and filed in said court on the day of.... ............., 19...., in probate cause No. in the matter of the estate of ....... ............. deceased, in conformity with the provisions of the act of the Legislature of the State of entitled "An act [etc., setting forth the exact title of the law], approved on the day of 19...., and in consideration of the sum of ............ dollars [more than three fourths (or two thirds), as required by law, of the appraised value of said real property], the receipt of which is hereby acknowledged, does, by these presents, grant, bargain, sell and convey unto the said party of the second part, his heirs and assigns, forever, all the right, title and interest of the said decedent, discharged from liability for his debts [but subject to the dower charge of ............, widow of last said decedent, in the annual sum of $............], in and to all the following described real estate, situated in the County of ...... and State of..........., to wit: [Describe the property as ordinarily recorded]. To have and to hold the above granted premises, together with the appurtenances and every part thereof [subject to said dower charge], unto the said party of the second part, his heirs and assigns, forever. And the said party of the first part does hereby covenant with the said party of the second part, his heirs and assigns, that he has in all things observed the requirements of the law, and of all orders, in and concerning said sale. In witness whereof, the said party of the first part has hereunto set his hand, the day and year first above written. [Signature of administrator.] [Add acknowledgment, as in No. 299.] ARTICLE XXIII. FINAL SETTLEMENT AND FINAL DECREES. 458. Petition to Settle Final Account, to Determine Heirs and Interests of Parties, to Distribute Personalty and to Assign Realty. [Title.] To the Hon. of said Court: Your petitioners undersigned respectfully show: That the said ............ died, ........testate, on the 19...., and one ....... day of ............. is the duly qualified and acting administrator [or, executor] of the estate of said decedent. That the necessary expenses of funeral, of last sickness of said deceased, and of the administration of said estate have been fully paid; that all debts existing against said deceased, or allowed by the court pursuant to law, have been fully paid and satisfied; that said estate has been fully administered to the auditing and allowance, by the court, pursuant to due notice given and served, of the final account of the said ........... of said estate; and the residue of the personal property of said estate remaining to be distributed between the parties lawfully entitled thereto, as shown by said account, is of the value of dollars ($............). That each of your petitioners has a legal right to and is seized in fee simple [or, other legal title] of an undivided part of the residue of the personal and real estate of said decedent, our names, ages, relationships, residences and shares in said estate being as follows: Names Ages Relationships Residences Shares That the following named persons are tenants in common with petitioners in said premises, and each of them has a legal right to and is seized in fee simple [or, other estate] of an undivided part of the residue of the personal and real estate of said decedent, their ages, relationships, residences and shares in the estate being as follows: Names Ages Relationships Residences Shares That said decedent left real estate of the value and character described in the inventories heretofore filed in the above entitled cause, the description of the residue thereof being as follows: General Description of Lands County State Wherefore your petitioners pray that the court shall determine who are the heirs [or, legatees] of the said decedent, .........., the rights of all persons to said estate, their interests therein, and to whom distribution and assignment thereof should be made; that the final account heretofore filed in said cause as aforesaid be examined and settled; that the residue of said estate be distributed and assigned to the parties legally entitled thereto as named above; and that due notice of this application be given and served in the manner provided by law. [Signatures of petitioners by their attorney.] [Add verification, as in No. 9.] 459. Petition for Distribution of Personalty. [Title.] [As in No. 458 to *, and continue:] That the following named persons, including your petitioners, are entitled as heirs at law [or, legatees] of the said decedent, to share in the said residue of the estate, the ages, relationships, residences and shares of such persons in and to the estate being as follows: Names Ages Relationships Residences Shares Wherefore your petitioners pray the court to examine and settle the final account heretofore filed in the above entitled cause as aforesaid; that the residue of said estate be distributed and assigned to the parties entitled thereto as named above; and that due notice of this application be given and served in the manner provided by law. [Signatures of petitioners by their attorney.] [Add verification, as in No. 9.] 460. Petition for Assignment of Realty. [Title.] [As in No. 458, excepting all reference made therein respecting personal property.] 461. Order Fixing Time for Hearing Petition for Settlement of Final Account, For Distribution and Assignment of Property, Etc. 462. Notice of Hearing Petition for Settlement of Final Account, for Distribution and Assignment of Property, Etc. [Formulate from No. 358]. 463. Return of Service of Notice of Hearing Petition for Distribution and Assignment of Property, Etc. [See forms Nos. 24 to 29, inclusive.] NOTE: See, also, related forms Nos. 360 to 364, inclusive. 464. Testimony in Support of Pleadings Relative to Determination of Heirs, Etc. [Title.] Now on this ...... day of...... to be heard upon the petition of 19...., this cause came on ......... for the settlement of the final account, for the determination of the heirs of said decedent, A. B., and for the distribution and assignment of the residue of the property of said decedent to the parties legally entitled thereto. Thereupon appeared as counsel for And all parties hav ..... and ............ appeared for ing announced read for trial, the said opened his case and produced one B. F., of lawful age and competent as a witness, who being first duly sworn in open court testified as follows: I reside at ............, in the County of..... State of I am intestate. years of age, and am a son-in-law of the said A. B., I was well and personally acquainted with the said A. B. (whose estate is inolved in this cause) during his lifetime, such acquaintance having been continuous from about the year 19.... until the date of his death, 19...., the nature and circumstances of said acquaintance being this, to wit, ......... I have also been well and personally acquainted with the following named relatives of the said A. B., to wit [naming them], such acquaintance having been continuous from about the year 19.... to the times of the deaths, respectively of [naming those who have died], and to the present time as to those who are still living, viz, [naming them], the nature and circumstances of my acquaintance with each of said relatives being this, to wit, I know that the said decedent, A. B., did, in the year 19...., intermarry with one B. B., with whom he lived and cohabited until the year 19...., when the said B. B. died; and one A. F.. a daughter, was the only child born of said marriage. The said |