Abbildungen der Seite
PDF
EPUB

this case, finds that partition should be made and that commissioners in partition should be appointed for that purpose.

and

It is ordered that -, be, and they are hereby, appointed commissioners herein, and required to give notice as required by law, and to make partition of the following property: (Here describe it) by assigning and setting over the same to the following persons in severalty, the same being so marked and described that each share be distinguished, to-wit: To the part thereof; to undivided part thereof, and to

part thereof.

the

the

undivided

It is further ordered that the partition so to be made be reported to this court forthwith.

Dated this

day of

19-.

Judge of the County Court aforesaid.

Sec. 1267. Form for oath of the commissioners in partition.

[blocks in formation]

commissioners appointed to deceased, being duly

make partition of the property of

sworn, say that we will, impartially, faithfully and to the best of our ability, discharge our duties as such commissioners according to law.

Sworn to before me and subscribed in my presence this

day of

19-.

[SEAL.]

My commission expires

Notary Public.

[blocks in formation]

The undersigned, as commissioners in partition, each having been first duly sworn, according to law, and having received a certified copy of the order issuing out of this court appointing us as such commissioners, and the order and decree of this court giving the manner of the distribution and partition of the estate of, deceased, and the parties entitled thereto, and the proportion thereof, certified copies of such appointment and order of distribution and partition having been issued to us as our power and authority to act in the premises, and our said oath being attached hereto, in all of which will more

fully appear by the same which is annexed hereto, respectfully report as follows:

We gave notice according to law to all persons interested in said partition of the time and place of the hearing, at which time, having heard the evidence and proofs offered, and after viewing the property, did make partition thereof as follows: We assigned to the property described as follows: (Here specifically describe it.) We assigned to

the prop

erty described as follows: (Here specifically describe it), etc. Given under our hands this

day of

19—.

Commissioners in Partition.

[blocks in formation]

DECREE CONFIRMING COMMISSIONERS' REPORT.

This cause came on to be heard upon the report of

and -, returned herein by said commissioners for confirmation and approval thereof, and the same was examined by the court and heard upon the evidence, and the court, finding that the same is regular and in due form of law, and according to the former orders of the court herein, does approve and confirm the same, and it is ordered, adjudged and decreed that each of said parties hold in severalty and in fee simple the property set off and assigned them.

Dated this

day of

19-—.

Judge of the County Court aforesaid.

Sec. 1270. The notice to be given by the commissioners in partition of the time and place of their hearing.

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

their duties by making such partition.

You may be heard in the premises at said time and place.

Commissioners in Partition.

Sec. 1271. Form for return of commissioners assigning estate to one of the parties.

[blocks in formation]

with) And

in form at Sec.

and proceed

one of the parties interested, is willing, under the statute, to pay the whole value, or secure its payment, as provided by law. We here annex a true description of the

Sec. 1272. Form for report of commissioners when property is to be sold.

[blocks in formation]

and state that said real estate cannot, in our judgment, be divided fairly amongst the parties interested, and we therefore recommend that said real estate above herein described be sold, and the proceeds divided and distributed among the parties in accordance with their respective interests.

Sec. 1273. The order for sale in partition and a distribution of proceeds.

COUNTY COURT,

COUNTY, STATE OF OKLAHOMA.

In re Estate of

Deceased.

No.

ORDER FOR SALE AND DISTRIBUTION OF PROCEEDS. This cause this day coming on for hearing on the return of the commissioners appointed herein to make partition of the property of deceased, of their report, and it appearing from

said report that the property of said estate cannot be divided without manifest injury thereto, and to the prejudice of the parties interested therein; that none of the parties are willing to take the whole of said estate and pay or secure the payment of the value thereof to the other parties having an interest therein, and that it is, by reason of the premises, necessary to sell the following described property of said estate: (Here describe it specifically.)

IT IS THEREFORE ordered that said property be sold and the proceeds arising from such sale be distributed according to law to the parties entitled thereto.

It is further ordered that the administrator, before making such sale, make, execute and file herein his additional bond in the sum of $

Dated this

day of

19-.

Judge of said County Court.

« ZurückWeiter »