before our Surrogate, of our county of

day of

in our Surro

gate court, on the , at the Surrogate office in to testify all and singular, you and each of you know in relation to the will of the real estate of A. B., deceased, which will will then and there be offered for proof,* and this you are not to omit under the penalty of the law. Witness T. A. B., Surrogate of said county, and the seal of our said court, at the

of

the

day of in the year of our Lord one thousand eight hundred and

T. A. B.

Clause of duces tecum.-Add, when necessary to be used, after the word "proof", and before the word "and", at the asterisk—" and produce at the same time the said will, to our said Surrogate, to be proved”.

On reading and filing the affidavit of C. D., and on motion of Mr. G. H., Solicitor for the applicant, it is ordered that an attachment issue in this matter.

The People, &e.

·000

Attachment.

To the Sheriff of

county, greeting.

so as to have

We command you, that you attach

him before us, in our Surrogate court of our county of

the day of then and there to answer unto us, as well touching the contempt, which he, as is alleged, hath committed against us, as also such other matters as shall then and there be laid to his charge, and further to abide such order as our said Surrogate court shall make in this behalf-and hereof fail not, and bring this writ with you.

Witness, &c.

Endorsement. "For not producing the will of deceased", or "for refusing to obey subpoena".

·000·

Order to discharge if Will is produced after commitment on Attachment.

who was duly committed to the custody of the Sheriff of county, upon an attachment issued out of, and under the seal of this court, which was tested the

day of

day of

, having

and was made returnable the submitted to comply with the orders of this court, and to obey its precepts, it is ordered, that the said G. H. be, and he hereby is discharged from, the custody of the said Sheriff, any thing in the said attachment to the contrary notwithstanding, In testimony, &c.

Depositions of Witnesses on proving a Will of Real Es

County of

Surrogate court.

tate.

In the matter of proving the will of the real estate of A. B.,

deceased.

G. H., of the

of

, being first duly sworn, deposeth and saith, that he saw A. B., deceased, subscribe the instrument now shown to him this deponent, or heard him acknowledge that he subscribed his name thereto, [as the case may be,] and which purports to be the last will and testament of the said A. B., deceased, bearing date the

of our Lord year

one

thousand

day of

in the that he heard the said A. B. declare the same to be his last will and testament, and that he, this deponent, did subscribe his name as a witness thereto, at the request of the said A. B.; and further, that at the time thereof, the said A. B. was of sound mind and memory, of full age, and not under any restraint, and further this deponent saith not.

Sworn, &c.

G. H.

·000·

Certificate to be endorsed on Will after it is proved.

D. 183 the within written instrument was duly proved, according to law, as and for the last will of the real estate of A B., deceased, in the Surrogate court of the county of

Witness my

hand and seal of office.

T. A. B., Surrogate.

Exemplification of Record of Will of Real Estate.

County of

Surrogate court.

Be it remembered, that there is now remaining in the office of the Surrogate of the county of

a certain record of the last will, and the proof thereof, of A. B. late of the city of Albany, deceased, in the words and figures following, to wit: [here take in the whole record, and at the end,] In testimony whereof, &c.

2nd. Of the Proof of Wills of Personal Property.

Citation to attend Probate.

The People, &c.

To C. B., widow, and A. B. and G. B., next of kin of A. B., late of the city of Albany, deceased-greeting:

You and each of you are hereby cited and required, personally to be and appear before our Surrogate of our county at the Surrogate office in said city, on Monday, day of at ten o'clock in the forenoon of

of

the

that day, to attend to the probate of the last will and testament of the said A. B., deceased, which will then and there be offered for that purpose.

Witness T. A. B., Surrogate of said county, at the city of

Citation to produce Will.

The People, &c.

To G. H.-greeting:

You are hereby cited and required, personally to produce

before our Surrogate of our county of

gate court, at the Surrogate office in the

the last will and testament

of A. B., deceased, or show cause why you should not be committed to jail.

Witness T. A. B., Surrogate of said county, at the

, be

On reading and filing the affidavit of L. M. and on motion of Mr. P. S., Solicitor for the applicant, it is ordered, that G. H., of the town of , in the county of and hereby is committed to the jail of the county of until the further order of this court; and the Sheriff of said county is hereby commanded to take and keep the said G. H. in his custody, until he shall be discharged by due course of law.

Witness T. A. B., Surrogate of said county, the day and year first above written.

T. A. B.