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4. The word "person" or "party" includes a body politic or corporate:

5. The word "legacy" includes "an annuity" and a specific as well as a pecuniary legacy: 6. The word "legatee" includes "a person interested in a legacy":

7. The expression "residuary legatee" includes "a person interested in the residue."

April 22,

1850.

SCHEDULE A.

Forms of Claim.

1. By a Creditor upon the Estate of a Deceased Person seeking Payment of his Debt out of the Deceased's Personal Assets.

In Chancery,

[Lord Chancellor],

[Vice-Chancellor of England, or Vice-Chan-
cellor, naming him],

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the above-named

plaintiff. The said A. B. states, that C. D., late of
deceased, was, at the time of his death, and
that his estate still is, justly indebted to him the
said A. B. in the sum of £ for goods sold and
delivered by the said A. B. to the said C. D. [or
otherwise, as the case may be, or, if the debt is secured
by any written instrument, state the date and nature
thereof.] And that the said C. D. died in or about
and that the above-named de-
fendant E. F. is the executor [or "administrator"] of
the said C. D., and that the said debt hath not been
paid; and therefore the said A. B. claims to be paid
the said debt or sum of £
with his costs of

the month of

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April 22, this suit, and in default thereof he claims to have 1850. the personal estate of the said C. D. administered in this court on behalf of himself and all other the unsatisfied creditors of the said C. D., and for that purpose that all proper directions may be given and accounts taken.

Note. This form may be varied, according to the circumstances of the case, where the claimant is not the original creditor, but has become interested in or entitled to the debt; in which case the character in which he claims is to be stated.

2. By a Legatee under the Will of any Deceased Person, seeking Payment or Delivery of his Legacy, out of the Testator's Personal Assets.

In Chancery.

Lord Chancellor],

[Vice-Chancellor of England, or Vice-Chancellor, naming him],

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plaintiff. The said A. B. states, that he is a legatee

to the amount of £

day of

who died on the

under the will dated the

above-named C. D. is the executor of the said

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late of

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deceased,

day of

-- and that the

-, together with

day of

and that the said legacy of £

interest thereon after the rate of £

per annum from the

per cent.

[the day men

tioned in the will for the payment of the legacy, or the expiration of twelve calendar months after the said testator's death,] is now due and owing to him the said A. B., [or "still unpaid or unsatisfied," or "unappropriated or unsecured"] and the said A. B. therefore claims to be paid [or "satisfied"] the said legacy

and interest, [or "to have the said legacy and interest appropriated and secured,"] and in default thereof he claims to have the personal estate of the said administered in this Court, on behalf of himself and all other the legatees of the said

purpose that all proper directions may

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and for that

be given and

accounts taken.
Note.-This form may be varied, according to the cir-
cumstances of the case, where the legacy is
an anuuity, or specific, or where the plaintiff
is not the legatee, but has become entitled to
or interested in the legacy; in which case
the character in which the plaintiff claims is
to be stated.

April 22,

1850.

3. By a Residuary Legatee, or any of several Residuary Legatees, of any Deceased Person, seeking an Account of the Residue, and Payment or Appropriation of his Share therein.

In Chancery.

[Lord Chancellor],

Vice-Chancellor of England, or Vice-Chan-
cellor, naming him,]

or,

[Master of the Rolls].

Between A. B., Plaintiff.

The claim of A. B. of

C. D., Defendant.

the above-named

plaintiff. The said A. B. states, that he is the re-
siduary legatee [or "one of the residuary legatees"]
under the will dated the day of
who died on the day of

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of

and

late of
that the above-named defendant C. D. is the execu-
tor of the said
and that the said C. D. hath
not paid to the said A. B. the [or "his share of the"]
residuary personal estate of the said testator; the
said A. B. therefore claims to have the personal
estate of the said administered in this Court,
and to have his costs of this suit, and for that pur-

April 22, pose that all proper directions may be given and

1850.

accounts taken.

Note. This form may be varied according to the circumstances of the case, where the plaintiff is not the residuary legatee, but has become entitled to or interested in the residue, in which case the character in which he claims is to be stated.

4. By the Person, or any of the Persons, entitled to the Personal Estate of any Person who may have died Intestate, and seeking an Account of such Personal Estate, and Payment of his Share thereof.

In Chancery.

[Lord Chancellor],

Vice-Chancellor of England, or Vice-Chancellor, naming him],

or,

[Master of the Rolls].

Between A. B., Plaintiff.

The claim of A. B. of

-- ,

the

C. D., Defendant.

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the above-named

plaintiff. The said A. B. states, that he is the next
of kin [or "one of the next of kin"] according to the
statutes for the distribution of the personal estate of
intestates, of
late of
who died on the
day of
intestate; and that the said A. B.
is entitled to [or "to a share of"] the personal es-
tate of the said deceased, and that the said de-
fendant C. D. is administrator of the personal
estate of the said and that the said C. D. has
not accounted for or paid to the said A. B. the [or
"the said A. B.'s share of the"] personal estate of
the said intestate. The said A. B. therefore claims
to have the personal estate of the said admi-
nistered in this Court, and to have his costs of this
suit;
and for that purpose that all proper directions
may be given and accounts taken.

5. By the Executor or Administrator of a Deceased Person, claiming to have the Personal Estate of the Testator administered under the direction of the Court.

In Chancery.

[Lord Chancellor],

[Vice-Chancellor of England, or Vice-Chan-
cellor, naming him],

or

[Master of the Rolls].

Between A. B., Plaintiff.

The claim of A. B. of

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C. D., Defendant.

The said A. B.

but now deceased, who de-
- and that he hath

April 22, 1850.

states, that he is the executor [or "administrator"] of E. F., late of parted this life on or about possessed the personal estate of the said E. F. to some amount, and that he is willing and desirous to account for the same, and that the whole of the personal estates of the said E. F. should be duly administered in this court for the benefit of all persons interested therein or entitled thereto; and that C. D. is interested in the said personal estate as one of the next of kin [or "residuary legatee"] of the said E. F., and the said A. B. claims to have the This form personal estate of the said E. F. applied in a due may be vacourse of administration under the direction of this ing to circourt, and in the presence of the said C. D. and such other persons interested in the said estate as plaintiff's this court may be pleased to direct, or that the said C. D. may show good cause to the contrary: And nistrator is a that the costs of this suit may be provided for; and for these purposes, that all proper directions may given and accounts taken.

be

ried accord

cumstances

when the

co-executor or co-admi

defendant.

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