Oaths of the Persons who received the Will from the Testator, and of the Person presenting the same for Probate.

1

ly sworn, deposeth and saith, that he was present at the execution of the last will and testament of A. B., late of the

of

, in the county of

of

deceased-[or that he has been informed and verily believes, that the said A. B., late of the in the county of who is now deceased, made his last will and testament in the presence of J. C. and T. G., witnesses to the execution thereof]-that the same was, as soon as executed, delivered to this deponent, to be safely kept until after the death of the said A. B., by the said A. B., [or by some other person, (naming him) at the request of the said A. B.] and that the instrument now produced and offered for probate, is the same which was so delivered to this deponent.

Sworn, &c.

County of

L. P., of the

SS:
of

in the county of

of

T. V.

being duly sworn, deposeth and saith, that the instrument now by him presented to the Surrogate court of the county of to be proved, is, as he verily believes, the last will and testament of A. B., late of the in the county of who is now deceased: that he, this deponent, was present at the execution thereof-[or (as the case may be,) received it from such a person, and all the circumstances attending the delivery and possession thereof].

B

Certificate to be endorsed on a Will of Personal Property

I hereby certify, that the within written will was duly admitted to probate by me, on this

day of

183

as will more fully appear by the probate thereto annexed.

The forms, proof and probate, of wills of personal property, are the same under the new, as they were under the old law; and it is deemed unnecessary to insert them in this book.

Petition against the validity of a will, or the competency of the proof thereof, of which no particular form can be given, and will be prepared by counsel having been presented, the surrogate will issue the following.

Citation.

The People, &c.

To [the executors who have been sworn: the administrators with will annexed: to all legatees in this state: to guardians of minor legatees: to representatives of deceased legatees:]

You and each of you are hereby cited, &c., to show cause why the probate of the last will and testament of A. B., deceased, recorded the should not be re

voked.

day of

Witness, &c.

N. B. As many citations as are requisite, will in all cases

be issued.

Order to confirm Probate.

At a Surrogate court, &c.

In the matter of the last will and testament of A. B., deceased.

A petition having been heretofore presented to this court by G. B., praying a revocation of the probate of the last will aforesaid, and such proceedings had thereon to a final hearing as is required by law; and after due deliberation, the Surrogate being of opinion* there is no reason why the prayer of the said petition should be granted, doth hereby order and decree, that the said probate made and recorded the day

of be and the same is hereby cONFIRMED: and it is further ordered and decreed, that the fees and expenses of the said Surrogate, in this matter, be paid by the said G. B. In testimony, &c.

000

Order to revoke Probate.

As last order to the *-that the said instrument, purporting to be the last will and testament of the said A. B., deceased, is invalid, because-[insert the reasons] (or that it is not sufficiently proved, as the case may be)-doth hereby order and decree, that the probate thereof, made and recorded the day of , be, and the same is hereby annuled and revoked. And it is further ordered and decreed, that the costs of this suit be paid by-[the persons who resisted the revocation, either personally, or out of the estate of the testator, as the equity of the case may, in the judgment of the surrogate, require].

In testimony, &c.

Attachment for not paying Costs.

This process is in the common form of this writ, and is endorsed on the back with the cause for which it issues, viz :"For not paying $ required by an order of the Surrogate."

N. B. It may as well be remarked here, that all attachments are to be of one form, such as will be found in this appendix, and ought to be endorsed with the cause of commit

ment.

-000

Letter

Letters Testamentary.

The People, &c.

To all to whom these presents shall come, or may con

before T. A. B.,

one thousand eight hundred and Surrogate of our said county, the last will and testament of , deceased, (a copy whereof is hereunto annexed) was proved, and is now approved and allowed of by us; and the said deceased having whilst he lived, and at the time of death, goods, chattels or credits, within this state, by means whereof the proving and registering the said will, and granting administration, of all and singular the said goods, chattels and credits, and also the auditing, allowing, and final discharging the account thereof, doth belong unto us the administration of all and singular the goods, chattels and credits of the said deceased, and any way concerning is granted unto

will,

in the said will named,

he being first duly sworn, faithfully and honestly to discharge. the duties of executor.

unto the people of the state of New-York, in the sum of current money of said state, to be paid to the said people to the which payment well and truly to be made, we bind ourselves and each of us, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, dated the

of

red and

day

in the year of our Lord one thousand eight hund

The condition of this obligation is such, that if the above bounden

and testament of

executor of the last will

deceased, do and shall

faithfully execute the trust reposed in him as such executor, and shall also obey all orders of the Surrogate of the county touching the administration of the estate of the

of

said

premises, then, &c.

Sealed and delivered, &c.

(Seals.)

000

Renunciation.

I, the subscriber, having been nominated in and by the last will and testament of A. B., deceased, one of the executors thereof, which said will is about to be proved before the Sur