said wife, or from the principal, if it is necessary so to do, to equalize the advances to my said children, by advancing to such of said children who have received less amounts than the others, such sum, or sums, at such time or times, as my executor shall deem proper, as shall equalize the advances made to each and all of my said children. The judgment and discretion of my said executor, as exercised in making any advances or distributions, shall be final and conclusive.

Upon the death of my wife,

I give, bequeath and devise all my estate, both real and personal, then remaining undisposed of in the possession of my executor, to my children, -, and their heirs and assigns forever,

and

to be divided among them in such manner that my children shall all share equally in my estate. All gifts and advances which shall have up to that time been made by full authority of myself, as appears upon my said book, or by my executor as hereinbefore provided, shall be charged to each of said children to whom such gifts or advances shall have been made, and their amounts equalized, to the end that all of my said children shall share alike and equally in my estate.

Sec. 766. Form for provision in a will giving power to trustee to continue business.

I further authorize and empower my said trustee heretofore appointed herein by me, in the exercise of his discretion, to carry on any or all business conducted by me at the time of my decease, or in which I may be then interested, whether alone or in partnership with others, and to continue the same for such time as, in the judgment of such trustee, shall be for the best interest of my estate, and to extend or renew any such partnership, or terminate the same, as said trustee shall think fit.

Sec. 767. Form for devise of real estate to wife for life with remainder to brothers and sisters.

Item

I give and devise to my wife,

during

her natural life, all my real estate wheresoever situated, and,

after her death, I give and devise all my said real estate to my

brothers and sisters,

share and share alike.

and

equally,

Sec. 768. Form for devise to wife for life with remainder to

lowing described real estate in County, Oklahoma, to-wit: (Here specifically describe same), for and during her natural life; and, after her death, I give and devise the same to my chilin equal shares, absolutely

dren,

and

and in fee simple.

Sec. 769. Skeleton form for codicil to last will and testament.

CODICIL TO FOREGOING LAST WILL AND

I,

TESTAMENT.

of the county of

and State of Oklahoma, do hereby make, publish and declare this codicil to my last will

and testament, dated the

and

day of

19. : and Item

of

I hereby revoke and annul Item said will, and in lieu thereof, I substitute the following to be deemed and taken as if originally inserted in said will as said Items respectively (Here insert the provisions indicated, giving to each the Item of the will to which the codicil is attached.) I hereby ratify and confirm my said. will in all other respects.

IN WITNESS WHEREOF, I have hereunto set my hand and seal

codicil to his last will and testament in our presence, and by us subscribed as attesting witnesses in his presence, at his request

Sec. 770. The procedure by which a last will and testament is admitted to probate-The form for the petition for probate of a will.

IN THE COUNTY COURT IN AND FOR

COUNTY,

death, a resident of

and shows to the court that
Oklahoma, on or about the

day of

departed

day of

19, and that said decedent was, at the time of his County, Oklahoma; that decedent left an estate in said county and State, the general character and value of which is hereinafter stated; that said decedent left a will bearing date of the 19-, which petitioner alleges to be the last will and testament of deceased, and which is herewith presented for probate; that the person named in said will as executor, consents to act as such, and that for whom letters testamentary are prayed herein, is a resident of County, Oklahoma; that the names, ages and residences of the heirs and devisees of decedent, so far as known to petitioner, are as follows: (Here insert same): that the general character and probable value of said estate is as follows: (Here insert same.)

WHEREFORE, petitioner prays that, upon a hearing hereof, said will be admitted to probate, and letters testamentary be issued to

*The foregoing forms are adapted from Couse's Form Book by permis

Petitioner.

sion of the W. H. Anderson Company, publishers, Cincinnati, Ohio.

Sec. 771. Form for order of hearing petition for probate of

this court an instrument purporting to be the last will and testament of -, deceased, with a petition that the same be admitted to probate, and that letters testamentary issue thereon

to

It is ordered that said petition be, and hereby is, set for hearing on the day of, 19—, at o'clock,

- m., and that notice thereof be given by posting copies of the notice for hearing said petition in three public places in County, Oklahoma, and that copies of said notice be mailed to the heirs at law or devisees of deceased, residents of said State, as required by law.

Judge of the County Court.

Sec. 772. Form for notice of hearing of probate of will.

of

NOTICE OF HEARING PROBATE OF WILL.

deceased, that on the

Notice is hereby given to all persons interested in the estate day of, 19—, produced and filed in the county court of the county of State of Oklahoma, an instrument in writing, purport

ing to be the last will and testament of

deceased, and

also filed in said court his petition, praying for the probate of

said will, and that letters testamentary issue thereon to

the executor named in said will, and that said petition will be heard at the courtroom of said court, in the city of

said county and State on the the hour of

o'clock,

-day of

in

19-, at

m., of said day, when and where all persons interested can appear and show cause, if any they have, why the prayer of said petition should not be granted.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the county court this day of

19-.

[SEAL.]

Judge of the County Court.

Sec. 773. Form for proof of posting and mailing the fore

going notice.

State of Oklahoma,

I,

County, ss.:

being first duly sworn, on oath, state that on the

postage paid, and addressed to the following persons, to-wit:

(Here insert names as given in petition), whose postoffice ad

dresses are as follows: (Here insert same.)

Subscribed and sworn to before me this

19-.

My commission expires

day of

Notary Public.

Sec. 774. Form for written testimony of subscribing witness

to last will and testament.

State of Oklahoma,

In the Matter of the Estate

of

Deceased.

County, ss.:

In the County Court.

No.

being first duly sworn, on oath states: I reside in the

and State of Oklahoma; I am

years of