No. 29 P. R., 28 D. R.--Affidavit of Handwriting.

In the High Court of Justice. Probate, Divorce and Admiralty Division.

(Probate.)

The Principal Registry.

In the goods of A. B., deceased. I, C. D., of in the county of make oath [or solemnly, sincerely, and truly declare and affirm, according to the form of words prescribed by the statute applicable to the particular case], that I knew and was well acquainted with A. B., late of in the county of deceased, who died on the day of at + for many years before and down to the time of his death, and that during such period I have frequently seen him write and also subscribe his name to writings, whereby I have become well acquainted with his manner and character of handwriting and subscription, and having now with care and attention perused and inspected the paper writing hereunto annexed, purporting to be and contain the last will and testament of the said deceased, bearing date beginning thus ending thus

and being subscribed thus, "A. B." [or as the case may be], I further make oath, that I verily and in my conscience believe the whole body, series, and contents of the said will, together with the names A. B." subscribed thereto as aforesaid [or as the case may be], to be of the true and proper handwriting and subscription of the said "A. B.," deceased.

(Signed)

C. D.

day of
Before me,
G. H.

18

tor District Registry at Lichfield, e. g.

[person authorized to administer oaths under the act].

No. 30 P. R., 29 D. R.-Affidavit of Plight and Condition

and Finding.

In the High Court of Justice. Probate, Divorce and Admiralty Division.

(Probate.)

The Principal† Registry.

In the goods of A. B., deceased. I, C. D., of in the county of make oath [or solemnly, sincerely, and truly declare and affirm, according to the form of words prescribed by the statute applicable to the particular case], that I am the sole executor named in the paper writing now hereunto annexed, purporting to be and contain the last will and testament of A. B., late of

in

day of

and having viewed and perused the said will and

Non-Contentious
Business.

particularly observed [here recite the various obliterations, in- and had at the time terlineations, erasures, and alterations (if any), or describe the of his death a fixed plight and condition of the will, or any other matters requiring place of abode at to be accounted for, and set forth the finding of the will in its within the district of present state, and if possible, trace the will from the possession of the deceased in his lifetime up to the time of making the affidavit] I the deponent lastly make oath that the same is now in all respects in the same state, plight, and condition as when found [or as the case may be] by me as aforesaid.

(Signed)

18

Before me, G. H.

C. D.

[person authorized to administer oaths under the act].

No. 31 P. R., 30 D. R.-Affidavit of Search.
In the High Court of Justice. Probate, Divorce, and
Admiralty Division.

(Probate.)

in the county of

The Principal† Registry. † or District Registry I, C. D., of make oath [or at Lichfield, e. g. solemnly, sincerely, and truly declare and affirm, according to This form of affidavit the form of words prescribed by the statute applicable to the particular case], that I am the sole executor named in the paper writing hereunto annexed, purporting to be and contain the last will and testament of A. B., late of deceased, who died on the

in the year

to be used when it is shown by affidavit scribed witnesses nor

that neither the sub

any other person can depose to the precise "time of the execution of the will.

day of 18, at the said will beginning thus, " ending thus, "In witness whereof, I have hereunto set my hand this day of in the year of our Lord one thousand eight hundred and fifty-four" [or as the case may be], and being thus subscribed " A. B." And referring particularly to the fact that the blank spaces originally left in the said will for the insertion of the day and month of the date thereof have never been supplied [or that the said will is without date, or as the case may be], I further make oath [or declare and affirm] that I have made inquiry of E. F., the solicitor of the said deceased, and that I have also made diligent and careful search in all places where he the said deceased usually kept his papers of moment and concern, and in his depositories, in order to ascertain whether he had or had not left any other will, but that I have been unable to discover any such will. And I lastly make oath [or declare and affirm], that I verily believe the said deceased died without having left any will, codicil, or testamentary paper whatever other than the said will by me hereinbefore deposed of.

(Signed)

C. D.

18.

and had at the time of his death a fixed

place of abode at

within the district of

D.

[person authorized to administer oaths under the act].

N N

Non-Contentious
Business.

or District Registry at Lichfield, e.g.

No. 32 P. R., 31 D. R.-Caveat.

In the High Court of Justice. Probate, Divorce, and
Admiralty Division.

The Principal Registry. goods of A. B., late of day of

at

having interest [or to E. F. of attorney of parties having in

18.

C. D. of [or E. F. of the proctor, solicitor, or attorney of parties having interest].

Note. These six days
are to be exclusive of
Sunday, Christmas
Day, and Good
Friday.

No. 33 P. R.-Warning to Caveat [see p. 336].
In the High Court of Justice. Probate, Divorce, and
Admiralty Division.

(Probate.)

To A. B. of

The Principal Registry.

[or to C. D. of

proctor,

solicitor, or attorney of parties having interest]. You are hereby WARNED, within six days after the service of this warning upon you, inclusive of the day of such service, to enter an appearance, or to cause an appearance to be entered for you, in the principal registry of the Probate, Divorce, and Admiralty Division of the High Court of Justice to the caveat entered by you in the personal estate and effects of E. F., late of deceased, who died at or about the 18, and to set forth your [or your client's] interest; and take notice, that in default of your so doing the said court will proceed to do all such acts, matters, and things as shall be needful and necessary to be done in and about the premises.

day of

(Signed) X. Y., registrar.

on

Issued at the instance of R. S. [here set forth what interest R. S. has, and if under a will or codicil, set forth the date thereof, and give an address within three miles of the General Post Office, at which notices requiring service may be left.]

Indorsement to be made after Service.

This warning was served by I. K. on A. B. of
C. D. of

the caveat was
effected] on the

[or on

the proctor, solicitor, or attorney] by whom entered at [here state how the service was

day of

at

If the deponent be a marksman, or is blind or illiterate-
Sworn by the said
on the day of
18 this affidavit having been first read over to him
[or her], who seemed perfectly to understand the same,
and made his [or her] mark thereto in my presence.
Before me,

on the

If the deponent be unacquainted with the English language—
Sworn by the said at
18 , by interpretation into the
C. D. of

day of
language by
who had previously sworn that he was
well acquainted with both languages and faithfully to
interpret.

(The interpreter should sign his name on the affidavit for the purpose of identification.)

N.B.-In all cases of affirmation the exact words prescribed

by the statute applicable to the particular case must be used, and none other will be received.

Contentious
Business.

This affidavit

must be made

FORMS [OFFICIAL] 1882.

Which are to be followed as nearly as the circumstances of each case will allow.

No. 1.-Citation to see Will proved [see p. 340].

In the High Court of Justice. Probate, Divorce, and Admiralty
Division.

Victoria, by the Grace of God of the United Kingdom of Great
Britain and Ireland Queen, Defender of the Faith.

Sworn on

Whereas it appears by an affidavit of A. B. of and filed in the principal registry of the Probate, Divorce, by the plain- and Admiralty Division of the High Court of Justice, that the claiming to be the executor of C. D., late deceased, who died on or about the

tiffs or one of them.

said A. B. of

of

18 at

day of intends to prove in solemn form of law as well the alleged last will and testament of the said deceased bearing date the day of as also the [first] codicil thereto, bearing date the day of [and so on for any other codicils], and that the said deceased died a bachelor without parent [or as the case may be] and that you the said are the natural and lawful and only next of kin of the said deceased, and the only person entitled to his personal estate and effects [or as the case may be] in case he be pronounced to have died intestate: Now this is to command you the said that within eight days after service hereof on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the principal registry of the Probate, Divorce, and Admiralty Division of the High Court of Justice in support of any interest you may have in the personal estate and effects of the said deceased: And take notice, that in default of your so doing the judge of our said court will proceed to hear the said will [and codicils] proved in solemn form of law, and to pronounce sentence in regard to the validity of the same, your absence notwithstanding.

Dated this

our reign.

day of

Citation to see will proved.

of

Name of practitioner.

Indorsement to be made after Service.

This citation was served by G. H. on the within-named

at

on the

day of

18

(Signed) G. H.