Abbildungen der Seite
PDF
EPUB

of

ORDER FOR HEARING PETITION TO SELL HOMESTEAD OF INSANE HUSBAND.

Now, on this

[ocr errors]
[merged small][merged small][ocr errors][merged small]

having filed her petition for the sale of her husband's real estate for reasons stated in her said petition:

o'clock,

It is ordered that said petition be, and hereby is, set for hearing on the day of, 19—, at - m., and thirty days' notice of this hearing be given to residing at Oklahoma, he being the nearest male relative of defendant living in the State of Oklahoma in

County.

Judge of said Court.

Sec. 949. Form for notice to be served on nearest male relative in State.

To

Oklahoma:

You are hereby notified that

as the wife of

who is hopelessly insane, has filed her petition in the district court of County, State of Oklahoma, asking that she be permitted, by order of said court, to sell the following described real estate in the county of State of Oklahoma, to-wit: (Here describe real estate), the same being their homestead. Said sale is asked for to provide funds for the support of plaintiff in said action and their said family.

[ocr errors]

Said petition is set for hearing in the courtroom of the district court of County, State of Oklahoma, at

at

o'clock, m., on the

day of

19

Judge of said Court.

Sec. 950. Form for proof of service of notice.

[blocks in formation]

-, being duly sworn, says that she is the plaintiff in the above action, and being first duly sworn, on the

day of

19, she handed to, residing at

-, Okla

homa, a true copy of the notice hereto attached, marked "Exhibit A" and made a part hereof.

Sworn to and subscribed in my presence on this, the

day of

19-.

My commission expires

Notary Public.

Here attach copy of the notice to the affidavit.

Sec. 951. Form for order authorizing sale of homestead of

[blocks in formation]

This cause this day coming on for hearing herein, and no one appearing to contest the same, the court, after hearing the evidence introduced and the argument of counsel, and being fully advised in the premises, finds :

1. That said

is hopelessly insane and is confined in Oklahoma.

the hospital for the insane at

2. That the real estate described in the petition is the homestead of plaintiff and defendant, and was occupied by them at the time of defendant's insanity, and is now occupied by the plaintiff and their said family.

3. That it is necessary and proper that the plaintiff sell the same and that she use the funds arising from such sale for the support of herself and her said family.

IT IS THEREFORE ordered, adjudged and decreed that be, and she is hereby, authorized and directed to sell the real estate described in the petition, either at public or private sale, upon such terms and conditions as she may deem wise and

proper, and she is authorized further and directed to make, acknowledge and deliver deeds therefor to the purchaser for the fee simple title thereto.

Judge of said Court.

Sec. 952. Form for deed in such case.

WHEREAS, on the

day of

petition in the district court of

against

[blocks in formation]

alleging that said defendant was hopelessly insane, and asking the court that she be permitted to sell the real estate therein described; and,

WHEREAS, on the

[ocr errors]
[merged small][ocr errors][merged small]

the nearest male relative of defendant residing in the State of Oklahoma, of the time and place of hearing said application; and,

WHEREAS, on the

day of

[ocr errors]

19, said court heard the evidence in said cause, and ordered that said plaintiff be permitted to sell said real estate upon such terms and conditions as she might deem proper, either at public or private sale, and either with or without appraisement; and,

WHEREAS, on the

day of

19-, said plaintiff a bid for said real estate at private sale,

received from in the sum of $- said sum being the best price plaintiff could obtain for said real estate, and the reasonable cash value thereof.

NOW, THEREFORE, in consideration of the premises, and said sum of $ -, in hand paid, the receipt of which is hereby acknowledged, the said

does hereby grant, bargain, sell the following described real property County, State of Oklahoma,

and convey unto and premises, situated in to-wit: (Here describe premises), together with all the improvements thereon and appurtenances thereunto belonging.

[ocr errors]

TO HAVE AND TO HOLD said above described premises unto said his heirs and assigns forever, free, clear and discharged of and from all former grants, titles, charges, judg ments, taxes, assessments, mortgages and all other liens and incumbrances of whatsoever nature.

SIGNED AND DELIVERED this

day of

State of Oklahoma,

County, ss.:

19-.

Before me,

[ocr errors]

on this

day of

in and for said county and State, 19, personally appeared

to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein set forth.

IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal the day and year above mentioned.

[SEAL.]

Notary Public in and for

County.

My commission expires

[blocks in formation]
« ZurückWeiter »