SEAL county the......twentieth......day of......May.. in the year of our Lord one thousand nine hundred and .H. R. Price...... Letters of administration are so nearly like the above, that they have not been included herein. Form 13. Oath of Executor SURROGATES' COURT, COUNTY OF NEW YORK, In the Matter of Proving the Last Will Deceased, As a Will of Real and Personal Property. COUNTY AND STATE OF NEW YORK, SS.: ...Richard Brown.. ...... OATH OF EXECUTOR. This oath may be taken before a Notary Public or a Commissioner of Deeds. I, of the County of New York...... executor.... .named in the last will and testament of..............John Jones.. late of....the City and...... County of New York, deceased, do depose and say that I am a resident of No........1010 West 13th Street..... in the Borough of......Manhattan. ..in the City and State of New York; that I am a citizen of the United States and am over twenty-one years of age, and that I will well, faithfully and honestly discharge the duties of executor....of said last will and testament. Sworn to this......Ioth......day of......September......1921 } ..James Orr, Notary Public...... Comm. Expires, Oct. 1, 1922. Form 14. Renunciation Richard Brown........ The form for renunciation of the office of executor differs, of course, where the statutes vary, but the form generally used will run about as follows: (Title) COURT I, (Name of Executor) of (Name of City or Town) of the State of (Name of State), Executor (trix) appointed in and by the last will and testament of (Name of Testator), late of the (City or Town) of (Name), County of (Name), deceased; do hereby renounce said appoint ment and all right and claim to letters testamentary of and under said last will and testament, or to act as Executor (trix) thereof. To the Surrogate's Court of the County of..... I. That your petitioner resides in.. .respectfully shows:- (Describe petitioner as required by the law; either as creditor or person interested. If the latter, state character of interest, such as legatee, next of kin, etc.) of.. .late of..... .deceased (Here specify whether decedent died testate or intestate; if testate, allege probate of the will and liber of record, and the issuance of letters testamentary; if intestate, allege that fact and issuance of letters of administration.) II. (Here state the grounds for asking the revocation of letters testamentary or of administration. As for example:) That at the time the aforesaid letters were issued to the said... he was incompetent or disqualified by law to act as such, and the objection was not taken by your petitioner (or by any person whom he represents) upon the hearing of the application for letters, and that the facts by reason of which he was incompetent or disqualified by law to act as such executor or administrator were (Here allege facts.) (If the ground for revocation is any of the other grounds specified by the law, make the allegation primarily and substantially in the language of the law, and then add the specific facts, concisely stated, constituting the alleged disqualification or ground for revocation of letters.) WHEREFORE, your petitioner prays for a decree revoking the said letters testamentary (or of administration) and that the said........ executor (or administrator) may be cited to show cause why a decree should not be made accordingly. (It is proper to pray in a necessary case for an order temporarily restraining the representative from acting in the meantime.) Form 16. Form of Bond of Executor or Administrator KNOW ALL MEN BY THESE PRESENTS, That I,...... .Henry Smith,. .of the City, County ...and State of New York,.. am held and firmly boun1 unto The People of the State of New York in the sum of......Twenty Thousand......Dollars, lawful money of the United States of America, to be paid to the said people; to which payment well and truly to be made, we bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals. Dated the......6th......day of.......July.........one thousand nine hundred and twenty-one. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden......executor,.... .Henry Smith.... shall faithfully execute the trust reposed in ..him....as executor of the last will and testament of......John Smith. ...deceased, and obey all lawful decrees and orders of the Surrogates' Court of the County of New York touching the administration of the estate committed to ......his care......then this obligation to be void, else to remain in full force and virtue. Sealed and delivered in presence of I know the within-named sureties to be the identical worth at STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: Russell Knox.........being duly sworn, deposes and says that he is one of the sureties named in the annexed recognizance; that he resides at No.......648 Pine...... Street in the......Borough of Manhattan......that he is a....land....holder, and that he owns the following property, consisting of. ...two houses, and two and one-half acres of land, at Nos. 10, 12, and 14. Terrace Way, Garden City, L. I.,.. . . . . and that the same is of the value of not less than... Fifteen Thousand... Dollars and is subject to no incumbrance except a mortgage of........Three Thousand Dollars......and that there are no unsatisfied judgments or executions against him, and that he is under no recognizance, nor is he upon any bond, undertaking or written obligation whatever. and that he is worth in good property, exclusive of property exempt by law from levy and sale under an execution, not less than...... Twelve Thousand...... Dollars over and above all debts, liabilities and lawful claims against him, and all liens, incumbrances and lawful claims upon his property. Sworn to before me, this....8th....day } of...... ...July.. .1921, ...James Orr, N. P................... ....... ....Russell Knox...... Surety. STATE OF NEW YORK, COUNTY OF NEW YORK, ss.: ....James Tompkins......being duly sworn, deposes and says that he is one of the sureties named in the annexed recognizance; that he resides at No.....912 Madison Ave.....in the....Borough of Manhattan that he is a....land....holder, and that he owns the following property, consisting of....one building of twelve stories, at 708 Vesey Street, New York City,......and that the same is of the value of not less than ....$100,000.. .Dollars, and is subject to no incumbrance except a mortgage of.. .and that there are no unsatisfied judgments or executions against him, and that he is under no recognizance, nor is he upon any bond, undertaking or written obligation whatever. and that he is worth in good property, exclusive of property exempt by law from levy and sale under an execution, not less than....One Hundred Thousand...... Dollars over and above all debts, liabilities and lawful claims against him, and all liens, incumbrances and lawful claims upon his property. Sworn to before me, this....8th....day.James Tompkins.............. Surety. of.... .....July.. James Orr, N. P. COUNTY OF NEW YORK, SS.: .1921, On this......8th... .day of......July......1921, before me came .Russell Knox and James Tompkins,.. to me known to be the individuals described in and who executed the within bonds, and acknowledged that they executed the same. ......James Orr, Notary Public...... N. Y. Co. No. 16789. You are appointed to appraise, on oath, according to the value thereof at the date of death of deceased, the Real Estate, Goods and Chattels, Rights and Credits, which are by law to be administered, of which .late of.. County of Knox, died seized or possessed, in said County,. .in said to be shown Execut.... .....of said deceased. When you have performed that service you will deliver this Warrant, with your doings in pursuance thereof to the Administrat... Execut... Trustee of said Estate Will........who is to return the same into Probate Court within three months from the date thereof. Witness, OSCAR H. EMERY, Esquire, Judge.. .....of said Court ...this.. ...day of.. ..in the year of at... our Lord one thousand nine hundred and. Pursuant to the foregoing Warrant,......have appraised said estate as follows, to wit: Real Estate, Goods and Chattels, Rights and Credits, Total, Amount which in........judgment may be realized from said rights and credits, exclusive of expenses and risks of collection, $. .Adm. STATE OF MAINE KNOX, SS. Then personally appeared. estate,. Appraisers. .A. D. 19.... ...of said ....and made oath that the following Schedules contain a true Inventory of all the estate of said........ has come to... KNOX, SS. possession or knowledge. .that . Justice of the Peace. Notary Public. PROBATE COurt. .A. D. 19.... Ordered that the foregoing Warrant and return thereon, and the Inventory or Schedules following be accepted and filed. ..Judge of Probate. |