The condition of such obligations is that, whereas, on the day of..., 19...., in the above entitled matter in the above named court, an order was made and entered by the court in this, to wit, [setting forth the order], to which order the said.... .............., a party interested in said estate, did then except, and the said ............ did, thereafter, duly file with the .... of said court his notice in writing of his intention to appeal from said order; Now, therefore, if the said............, appellant, shall prosecute said appeal to a determination with due diligence, and will abide by, fulfill and perform whatever judgment, decree or order may be rendered against him in the above entitled matter in the ........ court, and will pay all damages which may be sustained by the said ............ by reason of said appeal, together with all costs that may be adjudged against said appellant, then this obligation to be void, otherwise to remain in full force and effect. Witness our hands (and seals) at.... 19..... ............. this day of [Signatures of principal and sureties.] [Add, also, qualification of sureties as in No. 84, and show their places of residence.] 471. Certificate to Transcript on Appeal. of the and attached record is a full, true, perfect and complete transcript of the record in the above entitled cause, excepting the proceedings had therein prior to the time of making and entering the order appealed from as mentioned in the appeal bond filed in said matter by the appellant therein, [including, of said prior proceedings, however, the following: ...........]. In testimony whereof I have hereunto set my hand and seal of said court, at this .... day of............. 19..... [Signature, title and seal of court officer.] NOTE: In some instances the statutes require that an application for an appeal must be made. For example, form 340 may be as follows: Your petitioner undersigned respectfully shows: That there is manifest error committed, to the injury of the petitioner, by the decision of the commissioners appointed by the court to examine the claims against the estate of the said ...... whereby petitioner's claim was disallowed, said error being this, to wit, ; and substantial justice requires a further examination of said claim. And your petitioner therefore prays an order granting an appeal from said decision. Form No. 341 may be as follows, after caption: This cause coming on this day to be heard on the petition of for leave to prosecute his appeal from the decision disallowing his claim [etc., as above], and it appearing to the court that the administrator, ............, has had due legal notice of said petition, and that substantial justice requires a further examination of said claim, it is now ordered and adjudged that an appeal by the said to the Court be allowed on condition that he shall, within ...... days hereafter, execute and file in said cause, an appeal bond with sureties approved by the court, in the penal sum of..... ............ dollars. And No. 342 may be formulated, by comparison, from No. 211. CHAPTER III. TESTAMENTARY TRUSTEES. ARTICLE 1. PETITIONS, APPOINTMENTS, BONDS, OATHS AND LETTERS. 472. Petition for Appointment of Trustee under Will. Your petitioner undersigned respectfully shows: That the last will and testament of the said decedent, ............. was on the ............ day of ..............................., 19...., admitted to probate in the above named court, and your petitioner is the duly qualified and acting executor of said will [or, is named as the trustee of an express trust created under the terms of paragraphs and ................................ of said will]. That it is necessary for the court to appoint a trustee of the aforesaid trust. That the probable value of the whole estate involved in said trust is the sum of............ dollars. That is a competent and proper person to assume the duties of said trust, and he consents to accept the same. Wherefore your petitioner prays for an order of the court appointing the said ... trustee of said testamentary trust. [Signature of petitioner, attested by his attorney.] NOTE: For order to hear petition and for notice thereof, formulate from Nos. 482 and 483. 473. Order for Appointment of Testamentary Trustee. [Title.] ............ and Now on this............ day of ............, 19...., on motion of and it appearing to the court that ........ is named in the last will and testament of the said decedent, as the trustee of the express trust created by paragraphs of said will, it is ordered and adjudged by the court that letters of trusteeship under said will issue to the said ............, upon his filing, within ............ days hereafter, the oath of office as required by law and a bond as such trustee in the sum of with sureties approved by the court. Witness my hand and the seal of said court, at ... dollars, [Signature and seal of judge or surrogate.] 474. Motion to Appoint Substitute Trustee. [Title.] To the Hon. of said Court: Your undersigned petitioner respectfully shows: this That he is interested in the estate of the said decedent, in this, to wit, That ..........., the trustee named in the will of said decedent has failed to qualify for the trust as required by an order made by this court herein on the ............ day of ............, 19..... Wherefore your petitioner prays that the court make a further order conditioned for the appointment of. as trustee herein. [Name of petitioner, by his attorney.] [Formulate the orders for hearing the motion and for notice of the hearing from Nos. 482 and 483.] 475. Order Appointing Substitute Trustee. [Title.] Now on this............ day of............, 19..., it appearing to the court that............, the trustee named in the last will and testament of the said decedent, .... ............, has failed to qualify for the trust created by paragraphs. and ............ of said will, as required by the order made by this court on the ...... day of 19...., upon motion of ............, it is ordered by the court that, unless the said., trustee named in the will, shall qualify for said office as aforesaid, on or before the ......... day of ................................., 19...., letters of trusteeship herein shall issue to ..... upon his filing, within ............ days hereafter, the oath of office as required by law and a bond as such trustee in the sum of dollars, with sureties approved by the court. Witness my hand and the seal of said court, at ...... day of..., 19..... ............, this [Signature and seal of judge or surrogate.] the cestui-que sureties, are held and firmly bound unto trust named in the last will and testament of, deceased, in the penal sum of ............ dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators jointly, severally and firmly by these presents. Witness our hands this day of..... ..., 19..... The condition of the above obligation is such that, whereas, by an order of the Court of the County of ............, State of ............., letters of trusteeship under said will were directed to be issued to the said upon his taking and subscribing the oath required by law, and executing a bond to the beneficiary of said trust in the aforesaid amount, with sureties to be approved by the judge of said court; ..... Now, therefore, if the above bounden, ..., shall faithfully execute the duties of trustee of said testamentary trust, according to the terms of said will and according to law, then this onligation shall be null and void, otherwise to remain in full force and effect. [Signatures of principal and sureties.] [Add qualification of sureties as in No. 84.] 477. Oath of Testamentary Trustee. State of ............. County of............, SS: I, ............, do solemnly swear that I will faithfully, impartially and to the best of my ability perform, according to law, the duties of trustee of the testamentary trust contained in the ............., deceased, in relation to [Signature of trustee.] last will and testament of.... 19..... Subscribed and sworn to before me this............ day of ........... [Signature, title and seal of magistrate.] NOTE: For affirmative clause in oath, see No. 99. 478. Letters of Trusteeship under the Will. State of ............. SS: In the .... Court of said County. ............ The [People of the] State of to all to whom these presents may come, Greeting: Know ye, that .... of the county and State aforesaid is hereby appointed by the............ Court of the County of .............. State of ....., as the trustee of the express trust created in favor of ............, under the last will and testament of............, deceased, which will is duly recorded in said court in Vol. Record of Wills, at page ............. Witness my hand and the seal of said court, at .... [Signature and seal of judge or surrogate.] this 479. Petition to Authorize Trustee under Foreign Will to Execute Your petitioner undersigned respectfully shows: That he is interested in the above entitled matter in this, to wit: .... That on the............ day of ............, 19...., one was duly appointed as trustee under the will of............, deceased, late of Paris, France, by the Court in said city; that certain lands affected by the trust created in said will in favor of ............, are situated in this county of, State of....... ; that a copy of said will was admitted to record in the above entitled matter in this court, and the same was recorded in the Record of Wills, Vol............., Page.............., on the ............ day of.........................., 19....; and the best interests of all the beneficiaries under said will require that said........... be appointed by this court a trustee as aforesaid. |