and carefully examined the foregoing property statement, and ....he knows that the same, and all the items thereof, are true. [Signature of affiant.] Subscribed and sworn to before me this............ day of ..... 19..... [Signature and seal of magistrate.] 85. Bond of Administrator De Bonis Non. [Title.] As in No. 84 to *, and continue: The condition of the above obligation is such, that if the said ............, administrat........ de monis non of the present estate of the said ............, deceased, shall cause to be made, a full and true inventory of all the property of said decedent, real, personal and mixed, wheresoever situate, which shall come to the hands, possession or knowledge of h......................, the said ..... as such administrat........ de bonis non, and cause the same to be exhibited in the above named court in the above entitled matter, agreeably to law, and shall well and truly administer the same according to law, and shall make a just and true account of all h........ acts therein, whenever required by the court, and shall in general do and perform all other acts which may at any time be required of h........ by the law governing the duties of administrators de bonis non, including the rendering and delivering up to h........ succeeding administrator or executor herein all moneys and property belonging to said estate, then this obligation to be void; otherwise to remain in full force and effect. [Signatures of principal and sureties.] [Affidavit of sureties as in No. 84.] [Property statement as in No. 84.] 86. Exceptions to Administrator's Bond. [Title.] To the Hon. of said court: Your undersigned petitioners respectfully show: That............ who was appointed administrator [or, executor] of the estate of the said decedent, .... did, on the ...... day of ................................, 19........... file herein h........ bond in the penal sum of ..... dollars ($) conditioned for the faithful performance of his duties as such administrator [or, executor], with .... and as sureties thereon; that ...... and .... ............ named and signed as sureties on said bond, have neither sufficient moneys nor properties to secure the undertaking [or, have removed or are about to remove from this State, etc.]. ............ Wherefore your petitioners, as heirs at law [or, as legatees] of said decedent, except to said sureties and to said bond in its present condition, and ask that additional sureties be required thereon. [Signatures of petitioners.] 87. Order Fixing Time of Hearing on Exceptions to Bond. [Title.] Now, on this............ day of ........., 19...., exceptions, in writing, having been filed herein by ............, and................, parties alleged to be interested in said estate, to the sureties ....... and ............ on the present bond of ............, present administrator [or, executor] appointed herein, it is ordered by the court that the.... ....... day of ............, 19...., at the court room of this court in the court house in the city of............, in this said county of .............. at the hour of ........ o'clock, M., be, and is, fixed as the time and place where said exceptions will be heard and determined, and there and then the said administrator and sureties are required to answer concerning their property of every description liable to be subjected to the conditions of said bond, and are further required to abide the orders then and there made by the court in the premises. It is further ordered that notice of the time and place appointed for the hearing of such exceptions be given to said administrator [or executor] and to his said sureties by [etc., specifying the exact manner in which the notices shall be served.] [Signature of judge or surrogate.] 88. Notice of Hearing Exceptions to Bond. [Title.] The State of ............: To .... administrator [or, executor, etc.] of the estate of the said ............, deceased, and to and ............, sureties on the bond of said ........ : You are hereby notified that on the ....... day of 19...., exceptions were filed in the above named court in the above entitled cause, by .... and ............, to the sureties on the bond of............. the administrator [or, executor] named above, and an order was made by the court fixing the... day of 19...., at the hour of ............ o'clock, M., at the time and place for hearing such exceptions; and you are hereby required to appear before the of the............. court above named at last said time and place to answer concerning your property of every kind and description liable to be subjected ...... ..... as to the conditions of said bond and to show cause, if any, why such administrator [or, executor] should not be required to give additional security; and, further, to abide the orders made by the court in the premises. Witness my hand and the seal of my office, at [Signature, title and seal of probate officer.] this NOTE: Make service of the above notice in the manner provided by law for the service of a summons in a civil action in a court of record, unless your statute provides otherwise. See, also, related forms Nos. 110 to 113, inc. 89. Order Requiring Additional Sureties on Bond. [Title.] Now, on this........................ day of ............., 19...., this cause comes on and to be heard on the exceptions filed herein by the admin to the sufficiency [or, sureties] of the bond of ..... istrator [or, executor] of the estate of the said ............, deceased, and the court being fully advised in the premises, finds said exceptions to be well taken, * and orders that said administrator [or, executor] furnish additional sureties on said bond, to be approved by the court, within ............ days hereafter. [Signature of judge or surrogate.] 90. Order Requiring New or Additional Bond. [Title.] [As in No. 89 to *, and conclude:], and orders that said administrator [or, executor] furnish a new [or, additional] bond, in the sum of ...... dollars, within ............ days hereafter, with sureties to be approved by the court. [Signature of judge or surrogate.] 91. Executor's or Administrator's New or Additional Bond. [Title.] [As in No. 84 to *, and conclude:] And the further condition of the above obligation is such, that, whereas, by an order of the above named court in the above entitled matter, made on the ............ ....... day of............, 19...., the said executor [or, administrator] has been required to furnish a new [or, additional] bond. Now, therefore, if the above bounden, ............, shall faithfully execute his trust as such executor [or, administrator], according to law [or, if said............., the above named bounden shall well and truly have kept and performed, and shall well and truly keep and perform the condition of the bond first given by him and filed herein on the day of..... ..............................., 19...., in all respects ac cording to law], then this obligation to be null and void, otherwise, to remain in full force and effect. [Signature of principal.] [Affidavit of Sureties, as in No. 84.] [Property statement, as in No. 84.] 92. Order Approving New or Additional Bond. [Title.] Now, on this ............ day of ..... executor [or, administrator] of the 19...., comes the said estate of .............. deceased, and presents to the court a new [or, additional] bond, as such............, in the sum of dollars ($............), with and ..... as sureties, which bond the court now ap proves and orders filed herein. [Signature of judge or surrogate.] 93. Surety's Petition for Bond of Indemnity. Your undersigned petitioner respectfully shows: That he, the said ..........., is one of the sureties on the bond of .............., administrator [or, executor of the will of, etc.] of said estate of deceased; that your said petitioner is entitled to a bond of indemnity from the said executor [or, administrator] to indemnify him from loss, as surety aforesaid, for the following reasons, to wit, said...... Wherefore your petitioner prays the court to direct that the ........... execute a bond of indemnity to the undersigned, his said surety, forthwith. 94. Surety's Petition for Release. [Title.] [Signature of petitioner.] [As in No. 93 to *, and continue:] that your said petitioner is entitled to be released from said bond, for the following reasons, to wit...... Wherefore your petitioner prays that he be released from his obligation as surety on said bond, and for such other and further relief in the premises as the court may adjudge. [Signature of petitioner.] 95. Order Fixing Time for Hearing Surety's Petition. [Formulate by reference to No. 87.] 96. Notice of Hearing Petition of Surety. [Formulate by reference to No. 88.] 97. Order for Bond of Indemnity. [Title.] Now, on this ........... day of ............, 19...., this matter comes on to be heard on the application of .... ...., one of the sureties on the bond of.........., administrator [or, executor] of the estate of ............., deceased, and for good cause shown, it is ordered by the court that said ............ execute a bond of indemnity to the said as such surety, within ............ days hereafter. [Signature of judge or surrogate.] 98. Order Releasing Surety from Bond. [Title.] 19...., this matter comes to be released from Now, on this...... ...... day of.... on to be heard on the application of .... the bond of............ administrator [or, executor] of the estate of deceased, and due notice thereof having been given to the said administrator [or, executor], it is ordered by the court, for good cause shown, that the said ...... be, and is, released from the obligation of surety on said bond; and it is further ordered that said administrator [or, executor] given a new bond within ........ days hereafter. [Signature of judge or surrogate.] 99. Oath of Administrator or Executor. [Title.] State of....., County of ......, SS: I, ........ the undersigned, do solemnly swear [or, affirm] that I will honestly and faithfully perform, according to law, the duties of administrator of the estate of...... ....., deceased, [or, the duties of executor of the last will and testament of.... deceased]. So help me God. [Or, this affirmation I make under the pains and penalties of perjury.] [Signature of Administrator or executor.] Subscribed and sworn to [or, affirmed] before me this day of ............, 19..... [Signature, title and seal of magistrate.] 100. Letters Testamentary. [Title.] The last will and testament of, deceased, having been proved and recorded in the above named court in the above en |