APPLICATION FOR PROBATE. Unto the Surrogate Court of the Province of Manitoba. The petition of A. B., of the Manitoba, druggist, showeth: That C. D., hardware merchant, A.D. 19 at the of deceased, died on the day of and that at the of place of abode was Judicial District"). That the value of the whole estate and effects which the deceased, in any way died possessed of or entitled to within Manitoba, is not more than $ to the best of your petitioner's knowledge and belief. That the deceased in his lifetime duly made his last will and testament, bearing date the A.D. 19 (and a codicil bearing date the day of day of A.D. 19). That your petitioner is the executor named in the said will (or codicil). That your petitioner prays that probate of the said will (and codicil) may be granted to him by this Honourable Court. Judicial District of the in the Province of deceased, died on the day of and that at the of place of abode was Judicial District "). That the value of the whole estate and effects which the deceased, in any way died possessed of or entitled to within Manitoba, is not more than $ to the best of your petitioner's knowledge and belief. That the deceased in his lifetime duly made his last will and testament, bearing date the A.D. 19 (and a codicil bearing That no executor is named in the said will (or codicil) (or that G. H., the executor named in the said will, has duly renounced all right and title to the probate and execution of the same). That your petitioner is the residuary legatee named in the said will (or as the case may be). Wherefore your petitioner prays that administration of the estate and effects of the deceased with the said will (and codicil) annexed may be granted and committed to him by this Honourable Court. Dated the day of A.D. 190 or A. B., by his Solicitor, E. F. AFFIDAVIT OF DEATH AND PLACE OF ABODE. In the Surrogate Court of the I, Province of Manitoba. In the estate of C. D., deceased. Judicial District of the (name, residence and occupation to be given in full) say as follows: make oath and 1. I am the executor (or one of the executors) of the last will and testament of the said deceased (or the person applying for administration of the estate and effects of the said deceased, or as the case may be). 2. The deceased died on the at day of A.D. 190 and that at the time of his death he had his fixed place of abode at the of in the said Judicial District. (If deceased's fixed place of abode was outside of Manitoba, add; "But left property in the said Judicial District "). I, In the estate of C. D., deceased. (name, residence and occupation to be given in full) make oath and Say as follows: 1. I am the executor (or one of the executors) of the last will and testament of the said deceased (or the person applying for administration of the estate and effects of the said deceased, or as the case may be). 2. The fair market value of the whole estate and effects of the said deceased which he in any way died possessed of or entitled to, within Manitoba, if sold on reasonable terms of payment is not more than $ and full particulars and a true appraisement of the said estate and effects are given below (or in the paper writing marked as exhibit A to this affidavit). Sworn before me at in the Province of Manitoba, this A.D. 190 day of A Commissioner in B.R. AFFIDAVIT OF SEARCH FOR WILL. In the Surrogate Court of the Judicial District of the Province of Manitoba. I, In the estate of C. D., deceased. (name, residence and occupation to be given in full) -say as follows: make oath and 1. I am the person applying for administration of the estate and effects of the said deceased (or as the case may be). 2. I have made diligent and careful search in all places where the deceased usually kept his papers and in his depositories in order to ascertain whether he had or had not left any will, but that I have been unable to discover, and I verily believe that he died without leaving any will, codicil or testamentary paper whatever. NOTE. The affidavit of search for will should ordinarily be made by the person who has had the best opportunity of knowing of the existence of a will, if there I, (name, residence and occupation to be given in full) make oath and say as follows: day of 2. On the A.D. 190 I was personally present and did see the paper writing, now shown to me and marked as exhibit A to this affidavit, signed by the said C. D., as the same now appears, as and for his last will and testament, and the same was so signed by the said testator in the presence of me and of G.H., the other subscribing witness thereto, both of us being present at the same time, whereupon the said G.H. and I did, in the presence of the said testator, attest and subscribe the said will. 3. I verily believe that the testator at the time of the execution of the said will was of sound and perfect mind, memory and understanding. NOTE. If there are erasures or interlineations in the will a clause should be be added referring them with particularity and showing that they were there at the time of the execution, and if the testator signed by making his mark or if another signed for him by his direction, should be shown that the will was read over to him before execution and that he appeared fully to understand it. In the Surrogate Court of the I, OATH OF EXECUTOR. Province of Manitoba. In the estate of C. D., deceased. Judicial District of the (name, residence and occupation to be given in full) make oath and say as follows: 1. I believe the paper writing now shown to me and marked with the letter "A" to contain the true and original last will and testament of the said C. D. 2. At the time of the execution of the said will the said testator was of the full age of twenty-one years, and I am now of the full age of twenty-one years. 3. I am the executor (or one of the executors) named in the said will (or executor according to the tenor of the said will, or as the case may be). 4. I will faithfully administer the estate and effects of the said testator by paying his just debts and the legacies contained in his will so far as the same will thereunto extend and the law bind me and by distributing the residue (if any) of the estate according to law, and I will exhibit under oath a true and perfect inventory of all and singular the estate and effects of the said testator and render a just and true account of my executorship when lawfully required to do so. I, Province of Manitoba. In the estate of C. D., deceased. Judicial District of the (name, residence and occupation to be given in full) make oath and say as follows: "A " 1. I believe the paper writing now shown to me and marked with the letter to contain the true and original last will and testament of the said C.D. 2. At the time of the execution of the said will the said testator was of the full age of twenty-one years, and I am now of the full age of twenty-one years. 3. The executor named in the said will is dead not having taken out probate (or has renounced all right and title to the probate and execution of the said will, or as the case may be). 4. I am the residuary legatee named in the said will (or as the case may be). 5. I will faithfully administer the estate and effects of the said deceased by paying his just debts and the legacies contained in his will so far as the same will thereunto extend and the law bind me and by distributing the residue (if any) of the estate according to law, and I will exhibit under oath a true and perfect inventory of all and singular the said estate and effects and render a just and true account of my administration when lawfully required to do so. OATH OF ADMINISTRATOR. In the Surrogate Court of the I, Province of Manitoba. In the estate of C. D., deceased. Judicial District of the (name, residence and occupation to be given in full) make oath and say as follows: 1. The said C.D. died, intestate, a bachelor without leaving father or mother (or leaving a widow and children, or as the case may be). 2. I am the eldest brother of the said deceased (or as the case may be). 3. I am of the full age of twenty-one years. 4. I will faithfully administer the estate and effects of the said deceased by paying his just debts and distributing the residue of his estate according to law, and I will exhibit under oath a true and perfect inventory of all and singular the said estate and effects and render a just and true account of my administration when lawfully required to do so. NOTE. If the applicant is not the person primarily entitled to the grant a clause must be inserted showing the special grounds on which he claims to be entitled to it. RENUNCIATION OF PROBATE OR OF ADMINISTRATION WITH WILL ANNEXED. Manitoba, deceased, died on or about the having in his lifetime duly made his last will and testament, bearing date the day of A.D. 190 and thereof appointed C. D. executor (or as the case may be) as I am informed and believe. Now I, the said C. D., do hereby expressly renounce all my right and title to the probate and execution of the said will of the said deceased. In witness whereof I have hereunto set my hand and seal this NOTE. The above form may be varied when the renunciation is by the widow or other person entitled to administration with the will annexed. |