probate of will. Variation

the exs thrin named [except the sd K.] on the day of, in the Prerogative Ct of the Archbishop of Canterwhere one bury, or, other ecclesiastical ct, or, "in the Ppal [the

executor does not

district] Registry of the Ct of Probate," or, "in the Ppal prove (a). [the district] Registry of the Probate Divon" [the sd K. havg renounced probate thof, or, "power being reserved to the sd K. to prove the same, but wch he has not done, & he has since renounced probate & disclaimed the trusts thof "].

Death of

testator, and probate of will and codicil, the codicil'

not being recited.

The same

IV. WHAS the sd testor died on the

day of witht havg revoked or altered his sd will, save by a codl dated wch did not affect the disposons

the

day of

hinbfe recited, & the sd will & codl were duly proved, &c., as in last form.

v. WHAS the sd testor died on the

day of

witht where the havg revoked or altered his sd will, save as afsd, & the sd will & codl, &c., as in form III.

codicil is recited.

Proof of will in Scotland,

and confirmation in England.

Probate.

VI. WHAS the sd A. died on the

day of

domiciled

in Scotland, witht havg revoked or altered his sd will: AND
WHAS (b) the sd S. & T., as such exs nominate, have obtained
confirmon of the sd will from the Commissary [sheriff (c)]
of the Coy of in Scotland, & the same was duly recorded
in the books of Council & Session on the
day of : AND
WHAS such confirmon has been pduced in the Ppal Registry of
the Probate Divon of the High Ct of Justice in England, & a
copy thof deposited with the Registrar [(d) togr with a certified
copy of the interlocutor of the sd Commissary, findg that
the sd A. died domiciled in Scotland], & such confirmon was
sealed with the seal of the sd Probate Divon on the
day of

(a) The jurisdiction of the ecclesiastical courts as to probate and administration was abolished by the Act 20 & 21 Vict. c. 77, creating the Court of Probate, which came into operation on the 11th January, 1858; and the latter Court was converted into the Probate Division of the High Court of Justice by the Judicature Act, 1873, which came into operation on the 1st November, 1875. For recitals of wills, see p. 359, et seq.

(b) See 21 & 22 Vict. c. 56. That executors under a Scotch will can, after the confirmation has been sealed by the Probate Division, make a title to English leaseholds, see Hood v. Barrington, 6 Eq. 218.

(c) See 39 & 40 Vict. c. 70, s. 35, et seq.

(d) If the confirmation was on or after 1st October, 1876, the words in this bracket should be omitted, see 39 & 40 Vict. c. 70, s. 41.

VII. WHAS the sd A. died on the

day of

havg by Death, and

his will, dated, &c., appted the sd X. exor thof, & the sd will appoint

was duly proved by the sd X. on the

see form III, &c.

VIII. WHAS the sd A. died on the

day of

day of

ment of

in the executor.

intestate Death

& leavg the sd B. his widow, & the sd C. his eldest son & intestate, heirship, hr-at-law [& customary hr accdg to the custom of the sd next-ofmanor of [the sd C. & D., his co-heiresses-at-law], & and admikinship, -] the sd B., C. & D. his statutory next of kin, & Ires of admon nistration of the psonal este & effects of the sd A. were on the day

of

grted by the

to the sd B.

Ct, or as the case may be, see form III.,

(e).

IX. WHAS the sd A. died on, &c., intestate as to the sd hds Partial & premes, &c. [or, havg made a will, dated, &c., & a codl intestacy. thto, dated, &c., but such will & codl did not in any mner affect or relate to the sd hds & premes, &c.]

x. WHAS the sd A. died on, &c., leavg issue [havg had issue] by his sd marre 5 chln & no more, namely, B. & C., who attned their respive ages of 21 yrs on the day of

resply, D. now the wife of L., with whom she intermarried on, &c., E. who died on the day of

under the age of 21 yrs, namely, at the yrs or thrabts & witht issue, or, "who died in early infancy," & F., now an infant of the age of — yrs or

thrabts.

State of family.

XI. WHAS the sd A. in the month of, &c., intermarried with Marriage. B., of, &c. [at the parish church of

XII. WHAS the sd A. was on the cated a bkpt [where the bkcy was under wch the bkpt's este vested in the jtly, say, "& B. was appted official assnee for such bkey"] & the sd C. & D. were on

by the Ct of Bkey at

the day of

chosen by the credors to be assnees of

the este & effects of the sd A., & such choice was aftwds duly confirmed.

XIII. WHAS the sd A. was adjudicated a bkpt by an order of the London Ct of Bkcy, dated, &c., upon a peton of bkcy

(e) As to the devolution of intestates' estates, see the Intestates' Estates Act, 1890, 53 & 54 Vict. c. 29, Re Twigg, [1892] 1 Ch. 579.

under Act

of 1849 or 1861.

Bank

ruptcy

under Act

of 1869.

Bankruptcy

under Act of 1883.

Proceedings in insolvency before the

Act of 1861.

Liquidation

ment under

Act of 1869.

day

filed in such ct, & at a meetg of the credors on the
of the sd B. was duly appted tree of the ppty of the sd
bkpt, & such appmt was duly certified by a certfe under the
seal of the sd ct, dated, &c.

XIV. WHAS by an order of the High Ct of Justice in Bkcy
or, the Coy Ct of holden at in Bkcy], dated, &c., the
sd, bkpt, was duly adjudicated a bkpt, & on the
bkpt, & on the

day of

the sd, tree, was duly appted tree of the este & effects of day of 18- the sd apptmt

the sd, bkpt, & on the

was duly certified by the Board of Trade.

XV. WHAS the sd A. on the

day of

took the

benefit of the Acts then in force for the relief of insolvent debtors, & B. was appted the credors' assnee under such insolvency.

XVI. WHAS by special resolon passed at a gen meetg of

day of

by arrange the credors of the sd A., on the psuant to the Bkey Act, 1869, & wch resolon was aftwds duly registered, it was resolved that the affairs of the sd A. shd be liquidated by arrangemt, & not in bkey, & the sd B. was appted tree witht a committee of inspon, & such apptmt was duly certified by a certfe of the Registrar of the London Bkey Ct [the Coy Ct of], dated, &c.

Voluntary winding-up

(a).

XVII. WHAS a special resolon requirg the sd Co to be wound of company up voluntarily was passed at a genl meetg of the Co, held on the day of & confirmed at a subseqt genl meetg, held on the day of, & by a resolon passed at such last mentd meetg the sd A. & B. were duly appted liquidators of the sd Co.

The same.
Another

form (a).

Voluntary

XVIII. WHAS by an extraordinary resolon duly passed at a genl meetg of the Co, held on the day of, accdg to the requiremts of the Cos Act, 1862, it was resolved that it had been proved to the satisfon of the Co that it could not, by reason of its liabilities, continue its business, & that it was advisable to wind up the same, & the sd A. was duly appted sole liquidator of the Co.

XIX. WHAS by an order of the Chancery Divon made by the winding-up Vice-Chancellor [Mr. Justice] on the day of on the hearg of a peton in the mre of the Cos Acts, 1862 to

to be con

tinued under super

(a) See the Companies Act, 1862, ss. 129, 133.

1890, & of the

Court (b).

Co, it was ordered that the voluntary vision of windg up of the sd Co be continued under the supervision of the Ct, & that such pcdgs in the voluntary windg up might be adopted as the judge shd think fit.

sory wind

ment of

XX. WHAS by an order of, &c., as in last form, it was ordered Compulthat the sd Co shd be wound up by the Ct, under the provons ing-up and of the Cos Acts, 1862 to 1890, & by an order of the sd Divon appointmade by, &c., on the day of the sd K. was duly official appted official liquidator of the sd Co. XXI. WHAS by a decree of the High Ct of Chancery, made Decree in

on the

day of

was plt, & B. & others were
ppose of, &c.), an acct was

by the Vice-Chancellor Sir
in a cause whrin the sd A.
defts (being a suit for the
directed to be taken, &c., & it was amongst other things
ordered, &c.

liquidator (c).

Chancery.

XXII. WHAS by the judgmt of the Vice-Chancellor [Mr. Judgment of High Justice] in an action in the Divon of the High Ct Court of of Justice, whrin A. was plt & B. & others defts (being an Justice. action for the ppose of, &c.), it was amongst other things

ordered, &c.

summons.

XXIII. WHAS by an order of the High Ct of Chancery Order on [Chancery Divon] made on, &c., by the Vice-Chancellor [Mr. petition or Justice] ———, upon a peton presented, or, "upon an applicon by summons in chambers," in the sd cause & in the mre of, &c., by the sd A., it was ordered, &c.

XXIV. WHAS by the certfe of the Chief Clerk made in the sd Chief cause, dated, &c., & filed, &c., it was certified, &c.

Clerk's certificate.

XXV. WHAS these psnts have been [settled &] approved as Approval a pper convce psuant to the sd order as appears by the of Judge. signature of the chief clerk of the sd judge in the margin hrof.

XXVI. WHAS the sd hds have been considerably altered in Alteration of parcels. regard to their subdivons & in other respts by the shiftg or removal of fences, ditches, or other boundary marks & the erection of a new mansion house & other bldgs since the date of the sd indre of, &c., in wch the ancient description thof is contd, & the same sevl hds accdg to their psnt subdivons,

(b) See the Companies Act, 1862, ss. 147 et seq.
(c) See the Companies Act, 1862, s. 79 et seq.

K.E.-VOL. I.

B B

Contract

for sale of freeholds

and copyholds, applicable to private contract or auction.

Contract for sale of leaseholds.

Sale by

quantities & abuttals, are delineated & descd in the map or plan hrunto annexed & in the table of referce to the sd map or plan contd in the schdle hto.

INTRODUCTORY, &c.

I. WHAS the sd A. has agrd with the sd B. for the sale to him for the sum of £- (a) of the hds hby grted, or, hby assured," in fee simple in posson, & also of the copyhd or customary hds hinafter covtd to be surrendered & the inhance thof in posson accdg to the custom of the manor of free from incumbces [except as hinafter mentd]. II. WHAS the sd A. has him for the sum of £

agrd with the sd B. for the sale to of the premes comprd in the hinbfe recited (b) indre of lease, for all the residue now to come of the term thby grted as afsd, subjt to the rent reserved by & the covts & condons contd in the sd lease.

III. WHAS by the diron of the sd A., the hds hby assured,

auction (e). togr with other hds, were, on the

Contract

day of

&

put up for sale by public auction at, &c. [accdg to certn printed parlars of sale, of wch parlars lots comprd the sd hds hby assured], & at such sale the sd B. was the highest bidder for & was decld the pchaser of the same for the sum of £—, or, "of lot

for the sum of £

for the sum of £

& of lot

IV. WHAS the sd A. & B., as trees of the sd indre of, &c. for sale by [the sd will of the sd X.], & in exon of the sd power of

trustees.

Contract

for purchase by

Variation

for sale for

a rent

charge.

[trust for] sale thrin contd, & with the consent (hby testified) of the sd C., have agrd, &c., as in form 1. or II.

V. WHAS the sd A. & B., as trees of an indre, &c., being a settlemt of certn estes situate, &c. [the will dated, &c., &

(a) In case of a rent-charge say: "In conson of the perpetual rent-chge hinafter reserved & limd & of the covts & provons hinafter contd, & on the pt of the sd B., his hrs, exs, ads, & assns, to be pformed & observed.”

(b) For several leases say, "sevl, or, 'respive,' hinbfe recited," &c., and make similar alterations throughout.

(c) This form is for use where it is necessary to refer to the auction. The forms for general use are Nos. 1. and 11.