New Probate Law and Practice, with Annotations and Forms, for Use in Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, Том 1

William Smithers Church

Bender-Moss Company, 1909

Попередній перегляд книги »

Вибрані сторінки

Титульна сторінка

Зміст

ADOPTION 1 Of child 2 Who may adopt 3 Consent to adoption By wife	2

Same Orphans and abandoned children	3

Consent of child	4

Proceedings on adoption 7 Form Petition for leave to adopt a minor	5

Form Consent to adoption	6

Form Agreement to adopt 10 Judges order of adoption	7

Form Order of adoption	8

Effect of adoption	9

Distribution of estate how made and to whom	738

Decree of distribution Contents and conclusiveness	739

Distribution where decedent was a nonresident of the state	740

Notice must precede decree for distribution	741

Form Petition for distribution of estate	742

Form Memorandum by clerk fixing time for hearing petition for final distribution	743

Form Notice of hearing of petition for final distribution	744

Form Affidavit of posting notice of hearing of petition for final distribution	745

Same On parents 14 Of illegitimate child	10

Form Order accepting resignation of testamentary trustee 806 Jurisdiction	11

PART XI	16

CHAPTER II	22

Same Degrees in direct line	29

Same Degrees in collateral line 25 Relatives of the half blood	30

Advancements are part of distributive share 27 Advancements when too much or not enough	31

What are advancements 29 Value of advancements How determined	32

When heir advanced to dies before decedent 31 Inheritance of husband and wife from each other	33

Distribution of common property on death of wife	34

Distribution of common property on death of husband 34 Inheritance by representation 35 Inheritance by aliens	35

Effect of not claiming succession 37 Aliens inheriting must claim within five years 38 Property escheats to state when	36

Escheated property is subject to what charges 40 Successor is liable for decedents obligations 41 Convicted murderer of decedent not to succeed	37

895 Share of afterborn child to be taken from what estate	39

and distribution see pp 1427 1433	40

PART XIII	42

DISTRIBUTION AND PARTITION	48

CHAPTER III	59

ORDERS DECREES PROCESS RECORDS RULES OF PRACTICE TRIALS PROCEEDINGS TO TERMI NATE LIFE ESTATES OR HOMESTEAD...	74

PART II	75

76 Form Order appointing guardian	76

Form Short form of order appointing guardian	77

Trustees for Appointment of by court	87

CHAPTER II	99

Transfer of proceedings from one county to another county Petition for removal	100

Form Order appointing day for hearing petition for guardi anship and directing notice to be given	102

Form Another form of order appointing day for hearing petition for guardianship and directing notice to be given 75 Form Consent of relative to ap...	103

Form Petition for removal of proceeding	120

Form Order fixing time of hearing on petition for removal 103 Form Order for removal of proceeding	121

When power of guardian is superseded	122

CHAPTER III	123

To manage estate maintain ward and to sell real estate 109 Form Affidavit and order remitting clerks fees	125

Maintenance support and education of ward How enforced	126

Powers of guardians in partition	127

To return inventory of estate of ward Appraisers to be appointed Like proceedings when other property is	128

Settlements of guardian 115 Form Guardians annual account	129

Form Order appointing referee of guardians account and adjourning settlement 117 Allowance of accounts of joint guardians 118 Expenses and co...	132

CHAPTER IV	134

Conditions of sales of real estate of minor heirs Bond and mortgage to be given for deferred payments	149

Court may order investment of money of ward	150

CHAPTER V	151

145 Such guardians to give bonds	152

To what guardianship shall extend 147 Removal of nonresident wards property	153

Proceedings on such removal 149 Discharge of person in possession	154

CHAPTER VI	156

LIABILITIES AND COMPENSATION OF EXECUTORS	179

194 Form Warrant of arrest	194

Form Certificate of service of warrant of arrest	195

Form Order fixing time for hearing and examination	196

Form Certified copy of order for hearing and examination	197

Form Certificate of service of certified copy of order	198

adult person in the cases and subject to the rules prescribed in this chapter Kerrs Cyc Civ Code	221

CHAPTER VII	230

ANALOGOUS AND IDENTICAL STATUTES	231

hearing and examination	232

Form Order appointing guardian of incompetent person	234

Powers and duties of such guardians	235

Form of letters of administration with the will annexed	236

CHAPTER VIII	261

CHAPTER IX	268

Form Affidavit of insanity	269

Form Acknowledgment by corporation of execution of bond	278

Form Bond with numerous sureties	279

Form Bond with corporation as surety	280

Additional bond when required	281

Form Additional bond to be given on sale of real estate	282

Conditions of bonds	283

Separate bonds when more than one administrator	284

Several recoveries may be had on same bond	285

Bonds and justification of sureties on Must be approved	286

Form Justification of sureties	287

Form Justification of sureties on additional bond	288

Form Examination of surety	289

Form Affidavit that bond is insufficient	290

Citation and requirements of judge on deficient bonds Addi tional security	291

Right ceases when sufficient security not given	292

PART III	293

Petition showing failing sureties Further bonds	294

Form Petition for further security in case of failing sureties	295

Form Order for citation to administrator or executor when sureties are insufficient	296

Citation to executor etc to show cause against such applica tion	297

Form Citation to representative when sureties are insufficient	298

Form Order that further security be given	299

300 Hearing Further security may be ordered when	300

Neglecting to obey order	301

Form Order revoking letters on failure to give further security	302

Suspending powers of executor	303

Further security on courts own motion	304

Transfer not to change right to administer Retransfer	339

CHAPTER II	341

AGENTS FOR ABSENT INTERESTED PARTIES DISCHARGE OF EXECUTOR OR ADMINISTRATOR	346

CHAPTER III	348

Who are incompetent to act as administrators	350

Married woman may be administratrix	351

CHAPTER IV	352

INTERPRETATION OF WILLS AND EFFECT OF VARIOUS	355

Contesting application Hearing	357

Form Affidavit of posting of notice of hearing of application for letters of administration By deputy county clerk	358

Form Order appointing appraisers	359

Form Certificate of appointment of appraisers	360

Form Oath of appraisers to appraise property	361

Form Inventory and appraisement	362

Form Oath of administrator as to property	363

Form Certificate of appraisers	364

Probate 1	369

CHAPTER V	395

CHAPTER VI	408

Form Order for citation on petition of surety to be released	409

Form Citation to administrator to give further security where surety seeks to be released 309 Nonliability of new sureties	431

Form Order that surety be released 311 Neglect to give new sureties forfeits letters	432

Form Order revoking letters on failure to give new suretics 313 Applications to be determined at any time	433

Liability on bond For synopsis of note on bonds of executors and administrators	434

PAYMENT OF DEBTS OF ESTATE	442

LIABILITIES AND COMPENSATION OF EXECUTORS	443

Form Affidavit of posting notice of time of hearing of appli cation for decree establishing notice to creditors	447

Form Decree establishing notice to creditors	448

Time within which claims must be presented	449

Form Claim of creditor against estate	450

Form Affidavit to creditors claim	451

Form Indorsements on back of creditors claim	452

SPECIAL ADMINISTRATORS AND THEIR POWERS AND DUTIES 315 Special administrator when appointed 316 Form Petition for appointme...	453

CHAPTER VIII	468

CHAPTER IX	475

Form Order transferring proceedings	476

CHAPTER X	481

PART V	501

504 Form Notice of administrators sale of personal property	504

505 Form Order for sale of personal property	505

Form Return of sale of personal property and petition	506

CHAPTER II	536

Form Order that summary administration be	546

Form Order to show cause why entire estate should not	560

CHAPTER II	588

Condition subsequent what	600

CHAPTER III	646

Personal liability of representative	647

CHAPTER IV	652

429 Warrant for assignment of dower 430 Oath of commissioners and return of proceedings 431 Form Petition for admeasurement of dower	653

Form Order for notice of hearing on petition for dower	654

Form Order appointing guardian for minors 434 Form Notice of hearing on petition for dower	655

Form Order for admeasurement of dower	656

Form Warrant to commissioners to admeasure dower	657

Form Oath of commissioners to admeasure dower 438 Form Return of commissioners to admeasure dower	658

Form Order confirming report of commissioners to admeasure dower	659

PART VII	665

Claims in action pending at time of decease 467 Allowance of claim in part 468 Effect of judgment against executor 469 Execution not to issue aft...	666

667 Form Order to account on failure to show cause	667

668 Form Attachment to compel rendering of account	668

Executor to account after his authority is revoked	669

670 Authority of executor to be revoked when	670

To produce and file vouchers which must remain in court	671

Vouchers for items less than twenty dollars	672

Day of settlement Notice Hearing	673

Form Order appointing day of settlement of account	674

Form Notice of settlement of account	675

When settlement is final notice must so state	676

Form First and final account report and petition for distri bution	677

Form Final account report and petition for distribution of estate following an account current	678

Form Final account report and petition for distribution Insolvent estate	679

Form Memorandum by clerk fixing time for hearing of final account and petition for distribution	680

Form Order appointing day for hearing petition for distribu tion and settlement of final account	681

Form Notice of settlement of final account and distribution	682

Form Affidavit of posting notice of settlement of final ac count and distribution	683

Form Order settling final account and for distribution	684

Form Another form of order settling final account and for distribution	685

Form Order settling final account report and petition for distribution under will	686

Interested party may file exceptions to account	687

Form Exceptions to account	688

Contest by heirs Hearing Referee	689

Form Order appointing referee of administrators account and adjourning settlement	690

Form Order referring account to court commissioner for ex amination and report	691

Form Referees report of examination of account	692

Settlement of accounts to be conclusive when and when	693

Proof of notice of settlement of accounts	694

Form Affidavit of posting notice of settlement of account	695

Form Decree settling account	696

Presentation of account Death of representative For synopsis of note on accounting and settlement see pp 1160 1197	697

Order in which debts must be paid	698

Where property is insufficient to pay mortgage	699

If estate is insufficient a dividend must be paid	700

Funeral expenses and expenses of last sickness	701

Order for payment of debts and final discharge	702

Form Decree settling account and for payment of claims	703

Form Decree settling final account Insolvent estate	704

Form Decree of final discharge	705

706 Provision for disputed and contingent claims	706

Personal liability of representative to creditors	707

Claims not included in order for payment of debts how dis posed	708

Order for payment of legacies and extension of time	709

Final account when to be made	710

Neglect to render final account how treated For synopsis of note on payment of debts see pp 1246 1256	711

Payment of legacies upon giving bonds	712

Notice of application for legacies	713

Executor or other person may resist application	714

Partial distribution Decree to be granted when Bond Delivery Partition Costs	715

Form Petition for share of estate before final settlement	716

Form Notice of application for share of estate before final settlement	717

Form Memorandum by clerk fixing time for hearing for partial distribution	718

Form Executors resistance to application for partial dis tribution	719

Form Order directing executor to pay a legatee his share	720

Form Order for partial distribution	721

Form Bond on distribution before final settlement	722

Form Justification of sureties	723

Form Order for partial distribution without bond	724

Order for payment of money secured by bond Citation Action on bond	725

Form Petition for order directing legatee etc to refund money for payment of debts	726

of an estate	727

Proceedings in the nature of an action to determine heirship Petition Service of notice and decree establishing proof of Order adjudging default Com...	728

Form Petition for ascertainment of rights as heirs	729

Form Notice upon filing of petition to ascertain right	730

heirs 731 Form Order upon filing of petition to ascertain rights of heirs	731

Form Order establishing service of notice to determine heir ship	732

Form Attorneys authority to appear in matters of heirship	733

Form Complaint on claim of heirship	734

Form Answer to complaint on claim of heirship	735

Form Entry of default on petition to ascertain heirship	736

737 Form Decree establishing heirship	737

746 Form Decree of distribution	746

Form Decree of distribution Another form	747

Estate in common Commissioners	751

Partition and notice thereof Time of filing petition	752

Estate in different counties how divided	753

Partition or distribution after conveyance	754

Shares to be set out by metes and bounds	755

Whole estate may be assigned to one in certain cases	756

Payments for equality of partition by whom and how made	757

Estate may be sold	758

Partition Notice Duties of commissioners	759

Commissioners to make report and decree of partition to be recorded	760

When commissioners to make partition are not necessary	761

Advancements made to heirs	762

Form Petition for partition	763

Form Order for notice of application for partition on dis tribution	764

Form Notice of time of hearing on petition for partition and appointment of commissioners	765

Form Order appointing commissioners to make partition	766

Form Oath to be indorsed on commission	767

Form Report by commissioners assigning all estate to one interested	768

Form Order confirming report of commissioners and assign ing the whole estate to	769

Form Notice by commissioners before partition	770

Form Report by commissioners of partition	771

Form Order confirming commissioners report and directing partition	772

Form Decree of partition	773

Form Report by commissioners recommending sale	774

775 Form Order of sale of estate and distribution of proceeds	775

Court may appoint agent to take possession for absentees	776

777 Agent to give bond and his compensation	777

Unelaimed estate how disposed	778

Account by agent of absentee Sale of property	779

780 Liability of agent on his bond	780

Certificate to claimant	781

Final settlement decree and discharge	782

Discovery of property	783

Form Order appointing agent to take possession for non resident distributee	784

Form Bond of agent appointed for nonresident distributee	785

Form Petition by agent of nonresident distributee for sale of unclaimed personal property	786

Form Order of sale of personal property in possession of agent for nonresident distributee	787

Form County treasurers receipt to agent for nonresident distributee	788

PART VIII	789

Form Verification of account	790

Form Report of agent for nonresident distributee	791

Form Order directing sale by agent of property of non resident distributee	792

Form Order confirming sale of property by agent	793

Form Petition claiming money paid into treasury by agent	794

Form Certificate entitling claimant to money paid into treasury by agent	795

Form Receipt on distribution	796

CHAPTER II	797

Form Decree of final discharge	798

Superior court not to lose jurisdiction by final distribution	799

Compensation of trustees	800

Appeal from decree settling account of trustee	801

Trustee under will may decline Resignation of executor Appointment by court	802

Form Petition for appointment of trustee under will	803

Form Order appointing trustee	804

Orders and decrees to be entered in minutes	808

Form Order fixing time for hearing	809

Form Order continuing hearing	810

How often publication to be made	811

Form Affidavit of publication	812

CHAPTER III	813

Citation how directed and what to contain	814

Form Citation	815

Form Citation to show cause why letters should not be revoked for neglect to make return of sale	816

Form Order for sale of mining property	817

CHAPTER IV	818

Form Return and account of sale of real estate and petition	819

Form Proof of personal service of citation	820

Personal notice when to be given by citation	821

Citation to be served five days before return	822

One description of realty is sufficient	823

Rules of practice generally	824

New trials and appeals	825

Within what time appeal must be taken	826

Issues joined how tried and disposed	827

Court to try case when Trial of issues	828

Form Order appointing attorney	829

Decrees what to be recorded	830

Costs by whom paid in certain cases	831

Commitment for contempt Removal Appointment	832

Form Order revoking letters for contempt and appointing some other person administrator executor or guardian	833

Service of process on guardian	834

Disposition of life estates or homestead or community prop erty on owners death in certain cases	835

Form Petition for decree of termination of life estate	836

Form Order for notice of hearing of petition	837

Form Notice of petition for termination of life estate and of time and place for hearing same	838

Form Decree declaring life estate terminated	839

Form Petition for decree vesting homestead or community property in survivor	840

Form Decree declaring homestead vested in survivor	841

Form Decree declaring estate community property	842

PART XIV	843

To obtain letters when and how Bond and oath	844

Duty of persons in whose house any stranger dies	845

Inventory How to administer estates	846

Must deliver up estate when	847

Notice to by civil officers of waste	848

for order confirming sale	849

Order on public administrator to account	850

Form Verification of return and account of sale 548 Form Exhibit A to return of sale Affidavit of posting notices of sale of real estate	851

Form Exhibit B to return of sale Affidavit of publication of notice of time and place of sale of real estate	852

Form Fixing time for hearing on return of sale 551 Form Order appointing day of hearing return of sale of real estate	853

552 Form Notice of hearing return of sale of real estate	854

553 Form Offer of ten per cent advance on sale of real estate 554 Form Order vacating sale of real estate	855

Objections to confirmation of sale Hearing 556 Order of confirmation to be made when	856

Form Objections to confirmation of sale of real estate	857

558 Form Order confirming sale of real estate	858

Form Order confirming sale of real estate on bid in open court	859

Form Notice of motion to vacate sale of real estate and for a resale thereof	860

561 Form Order for resale of real estate	861

562 Conveyances	862

Form Administrators decd	863

Form Acknowledgment of administrators deed	864

Form Administrators deed to one offering ten per cent advance	865

Form Will	866

Definition of a holographic will	867

Witness to add residence	868

Mutual will	869

Competency of subscribing witness	870

Conditional will	871

Gifts to subscribing witnesses are void Creditor is a compe tent witness	872

Witness who is a devisee is entitled to share to amount of devise when	873

Same Conditions of sale	874

Same Purchaser to give bond	875

580 Form Bond on sale of contract for purchase of land	876

Same Executor to assign contract 582 Sales of land under mortgage or lien	877

Nuncupative will Receiving proof	878

Misconduct in sale Liability 585 Fraudulent sales	879

Limitation of actions for vacating sale etc 587 To what cases preceding section not to apply	880

Account of sale to be returned 589 Form Order to show cause why letters should not be revoked for failure to return account of sales	881

590 Form Order to show cause why attachment should not issue for failure to return account of sales 591 Form Order for attachment for neglecting t...	882

Executor etc not to be purchaser	883

For synopsis of note on probate sales see pp 820	884

Revocation by marriage and birth of issue	885

Effect of marriage of a man on his will	886

Effect of marriage of a woman on her will	887

Contract of sale not a revocation	888

889 Mortgage not a revocation of will	889

Conveyance when not a revocation	890

Same When it is a revocation	891

Revocation of codicils	892

Afterborn child unprovided for to succeed	893

Children or issue of children unprovided for to succeed	894

Testators intention to be carried	901

When ambiguous or doubtful	907

Condition precedent when deemed performed	932

Devises etc take as tenants in common	934

Advancements when ademptions	935

Nature and designation of legacies	936

Estates chargeable	937

Order of resort to estate for debts	938

Same For legacies	939

Same Legacies to kindred	940

Abatement	941

Specific devises and legacies	942

Heirs conveyance good unless will is proved within four years	943

Possession of legatees	944

Bequest of interest	945

Satisfaction	946

947 Legacies when	947

Interest	948

Construction of these rules	949

Executor according to the tenor	950

Power to appoint is invalid when	951

Executor not to act till qualified	952

Provisions as to revocations	953

Execution and construction of prior wills not affected	954

CHAPTER V	955

Liability of beneficiaries for testators obligations For synopsis of note on property passing by will see pp 1580	956

Custodian of will to deliver same to whom	957

Who may petition for probate of will	958

Contents of petition	959

Form Petition for probate of will	960

Form Petition by corporation for probate of will	961

Form Renunciation by person named in will of right to letters testamentary	962

Executor forfeits right to letters when	963

Form Forfeiture of executors right to letters	964

Production of will in possession of third person	965

Form Petition for production and probate of will in pos session of third person	966

Form Order requiring third person having possession of a will to produce	967

Form Warrant of commitment for failure to produce will	968

Notice of petition for probate how given	969

Form Time fixed by clerk for hearing probate of will and petition for letters testamentary	970

Form Affidavit of posting notice of time set for hearing probate of will	971

Form Affidavit of publication of notice of time and place appointed for probate of will	972

Notification to heirs and named executors	973

Form Affidavit of mailing notice to heirs	974

Form Proof of personal service of notice	975

Order to enforce production of wills or attendance of wit nesses	976

PART IX	977

978 Form Consent of attorney of minors etc to probate of will	978

Form Testimony of subscribing witnesses on probate of will	979

Form Testimony of applicant on probate of will	980

Who may appear and contest the will	981

Admitting will to probate	982

Holographic wills	983

Form Certificate of proof of holographic will and facts found	984

Form Order authorizing mortgage	985

Form Mortgage of decedents real estate	986

Proceedings to obtain order to lease realty	987

Form Petition by public administrator for letters of ad ministration and contest of probate of will	988

Form Petition for leave to lease realty	989

Form Order to show cause on petition to lease realty	990

Form Demand for jury on contest of probate of will	991

Form Affidavit of publication of order to show cause	992

Form Order authorizing lease 622 Form Lease of decedents real estate	993

CHAPTER III	1003

Form Certificate of proof of foreign will and facts found	1009

Recovery of property fraudulently disposed of by testator	1014

Form Order on application to revoke probate of will that	1015

Pending settlement court may order moneys to be invested	1020

1023 Proof of lost or destroyed will	1023

Form Certificate establishing lost or destroyed will	1029

Contests and appointments	1035

Form Petition for appointment of appraiser where value	1044

Form Report of appraiser of tax Colorado	1050

Авторські права

Інші видання - Показати все

New Probate Law and Practice, with Annotations and Forms: For Use in ..., Том 1
William Smithers Church
Повний перегляд - 1909

New Probate Law and Practice, with Annotations and Forms: For Use in Alaska ...
William Smithers Church
Повний перегляд - 1926

New Probate Law and Practice: With Annotations and Forms for Use in ..., Том 1
William Smithers Church
Повний перегляд - 1920

Показати все »

Загальні терміни та фрази

action adjudication adminis ANALOGOUS AND IDENTICAL annexed appear application for letters appoint a guardian Arizona attorney authority Bellinger and Cotton's bond Carter's Code certificate child city and county clerk Code Civ Codes and Stats collateral attack Comp Cotton's Ann court of equity custody deceased person decedent Dept discharge entitled to letters equity escheat executor Explanatory notes fact Give file number granted guardian ad litem guardianship habeas corpus hearing heirs Idaho identical statute found incompetent person indicates identity intestate issued judge judgment jurisdiction Kansas Kerr's Cyc letters of administration letters testamentary matter Mills's Ann minor Montana Nevada non-resident notice Oklahoma petition for letters petitioner Pierce's Code Probate Code 1904 probate court Proc proceedings real estate resident settlement South Dakota superior court sureties thereof tion Title of court Title of estate Title of form Utah valid void ward ward's Wash Wyoming

Бібліографічна інформація

Назва	New Probate Law and Practice, with Annotations and Forms, for Use in Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, Том 1 New Probate Law and Practice, with Annotations and Forms, for Use in Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, William Smithers Church
Автор	William Smithers Church
Видавець	Bender-Moss Company, 1909

Експортувати бібліографічний опис	BiBTeX EndNote RefMan

Про Книги Google - Правила збереження особистої інформації - Умови використання - Інформація для видавців - Повідомити про проблему - Довідка - Головна сторінка Google

Книги

New Probate Law and Practice, with Annotations and Forms, for Use in Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, Том 1

Вибрані сторінки

Зміст

Інші видання - Показати все

Загальні терміни та фрази

Популярні уривки

Бібліографічна інформація