Ist. That the item for

2nd. That the

dollars paid to I J contained

in said account, is not supported by any voucher, and no greater amount was paid to said I J than the sum of —- dollars; claim of K L against the estate of said decedent for dollars was not supported by the affidavit of the claimant or by the affidavit of any one in his behalf, that the amount thereof was justly due, that no payments had been made thereon which were not credited, and that there were no offsets to the same;

[And so on as to each item of the account contested showing a ground for such contest.]

WHEREFORE this contestant asks that said account be not settled and allowed as rendered. [Date.]

M N.

Attorney for Contestant.

FORM NO. 319.

ORDER AND DECREE SETTLING AN ACCOUNT WHEN THERE IS NO CONTEST.

[Title of Proceeding.]

The account of A B, the executor of the will [or the administrator of the estate] of C D, deceased, which was rendered on the day of, coming on regularly for hearing and settlement on this day of , and it having been first proved to the satisfaction of the court that notice of such hearing and settlement has been given as required by law, and no one appearing to contest said account, and the court having examined said account and the vouchers in support thereof, and having heard and received evidence in respect to the same, and it appearing to the court that said account is supported by necessary vouchers and by the oath positive of said A B, the said executor [or said administrator], and that said account is in all respects full, just, true and correct, and should be settled and allowed as rendered;

IT IS ORDERED AND DECREED that said account be and the same is settled and allowed as rendered.

And the court decrees that there was at the time

of the rendition of said account the sum of

- dollars, money

of the estate of said C D, deceased, in the hands of said executor [or administrator].

[Date.]

Judge.

If the account be contested the decree of the settlement of the account should state by whom, and the court should, even when there is no contest. examine carefully each item of said account, and each voucher, and have evidence introduced respecting the account, and should, in its decree settling said account, state what item, if any, of the account is found to be incorrect, and should decree what money, the property of the estate, was or should have been on hand when the account was rendered for settlement.

In each subsequent account, the account as to property, should state the inventoried value of the property of the estate on hand and not disposed of at the rendition of the last previous account; and the account as to money received and expended, should state the money on hand as stated and shown by the order of settlement of the last previous account; and when the account is rendered so that any order for the payment of claims against the estate may be made, the executor (or administrator) should credit himself with the commissions allowed him by law.

If it appears from an account of an executor (or administrator) when it is settled, that the debts and the expenses and costs of the administration of the estate have been paid, and that there is money in the hands of the executor (or administrator) for the payment of claims against the estate, the court should make an order for the payment of such claims, or for the payment of so much thereof as such money will pay.

FORM NO. 320.

ORDER FOR PAYMENT OF CLAIMS.

[Title of Proceeding.]

It appearing to the court on the settlement of the account of AB, the executor of the last will [or the administrator of the estate] of said C D, deceased, which settlement was made on the day of, that said executor [or administrator] has in his hands as such executor [or administrator] money of the estate of the decedent applicable for the payment of claims against said decedent which have been allowed and filed in this court in the matter of said estate, and which are acknowledged debts of said estate to be paid in the due course of the administration of said estate;

IT IS ORDERED AND DECREED that said executor [ or administrator] pay claims against said decedent out of the funds of the estate of said decedent in his hands as such executor [or administrator] as follows, namely:

[Or it appearing to the court that there is not sufficient money of the estate in the hands of the executor [or adminisrator] to pay all claims against said estate in full, it is ordered and decreed that the executor [or administrator] pay such claims or portions, of said claims out of the funds of the estate of said decedent as follows, namely:]

[And so on as to all the creditors who should receive payment from such fund.] [Date.]

Judge.

When the debts of the decedent and the debts, costs and expenses of the administration are paid the final account of the executor (or administrator) should be filed. In this account the executor (or administrator) should charge himself with the money of the estate in his hands as shown by the settlement of his last previous account, and the money of the estate subsequently received by him, and credit himself with moneys paid out by him subsequent to the rendering of the last previous account in the administration of the estate of the decedent, and the money which thereafter it will probably be necessary to expend in the closing up of the estate.

The report accompanying this account should state briefly that all the debts of the decedent which had been allowed, and the debts, costs and expenses of the administration of the estate have been paid up to the rendition of said account, and that money of the funds of the estate (stating how much), had been reserved to pay the expenses of closing the estate, and then state what property of the estate there is for distribution among the heirs, devisees or legatees of the decedent.

Should an executor or an administrator unduly neglect to render an exhibit. or an account, within the time required by law, he may be compelled by the court to do so, on a petition by any person interested in the estate.

Such petition and the proceedings to be had by the court are stated in section 1623 and to section 1628 of the Code of Civil Procedure.

FORM NO. 321.

PETITION FOR SPECIAL LETTERS OF ADMINISTRATION.

In the Matter of the Estate of C D, deceased.

EF petitions the court and shows:

I. That C D died on or about the day of

leaving

an instrument in writing which purported to be his last will and testament, and which was filed in this court on the

day of

; and A B has petitioned this court to admit said instrument in writing to probate as a will, and to grant to him letters testamentary thereon; and that G H has contested the probate of said instrument in writing as the last will and testament of C D, deceased, and has filed in this court written grounds of opposition to the probate thereof, and a contest has arisen and is pending in respect to the probate of said instrument in writing as the will of CD, deceased;

II. That said contest will cause delay in granting letters testamentary or of administration upon the estate of said C D, deceased;

III. That the following described property of the estate of C D, deceased, [describe it] is perishable, and that I J, who was indebted to said C D at the time of his death, is about to leave the state of California for the purpose of avoiding the payment of said indebtedness, and that there is danger that said indebtedness will be lost to the estate of C D, deceased, unless an action be soon commenced for the collection of the same; and said C D left real and personal property in the state of California which should be taken charge of by a special administrator [or state any other grounds for the appointment of a special administrator, as indicated by section 1411 of the Code of Civil Procedure];

IV. That your petitioner is the oldest son of C D, deceased, and is one of his heirs, and as such would be entitled to letters of administration upon the estate of C D, deceased.

WHEREFORE your petitioner prays that this petitioner be appointed a special administrator of the estate of C D, deceased, with such powers as to this court may seem meet and proper, and that letters as such special administrator be issue to your petitioner.

[Duly verified.]

E F. Petitioner.

FORM NO. 322.

ORDER APPOINTING A SPECIAL ADMINISTRATOR.

[Title of Proceeding.]

E F, a son of C D, deceased, having petitioned the court to be appointed special administrator of the estate of C D, deceased, and the court having heard the petition, and evidence in support of the allegations thereof; and the court being satisfied therefrom that such allegations are true, it is therefore ordered that E F be and he is appointed special administrator of the estate of C D, deceased; and that as such special administrator he collect and take charge of the estate of said C D in whatever county or counties of this state it may be found; that he collect indebtedness due the estate of said decedent, and commence an action or actions for that purpose; and that he sell perishable property of the estate of the decedent upon obtaining an order of this court for that purpose; and [state what other powers are given by the court to the special administrator]; and that this order be entered upon the minutes of the court; and after such entry, and after the giving of a sufficient bond by said E F, as such special administrator, to the state of California in the sum of dollars, that the clerk of the court issue to said A B letters of administration as special administrator upon the estate of C D, deceased, in conformity with this order, and that his oath. as such special administrator be endorsed on said letters. [Date.]

Judge.

FORM NO. 323.

PETITION FOR THE SUSPENSION AND REMOVAL OF AN EXECUTOR OR ADMINISTRATOR.

[Title of Proceeding.]

The petition of E F shows:

I. That A B is the executor of the will [or the administrator of the estatel of C D, deceased;

II. That your petitioner is a son of said decedent and is one of the legatees named in his will; [or he is one of the heirs. of the decedent]

BUDD 44