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- the above-named plaintiff. The said A. B. states, that C. D., late of the month of 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], 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 late of 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 and for that be given and accounts taken. 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- 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- of and late of 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. the above-named plaintiff. The said A. B. states, that he is the next 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- or [Master of the Rolls]. Between A. B., Plaintiff. The claim of A. B. of C. D., Defendant. The said A. B. but now deceased, who de- 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. |