XLII The equity rules of the Supreme Judicial Court of the State shall be the rules for equity proceedings in the Probate Courts, so far as the same are applicable thereto. XLIII Causes in equity shall be begun by bill or petition filed in the Register's office, upon which subpoena shall issue as a matter of course, returnable on a rule day of the Probate Court of the county in which the bill or petition is filed, held within sixty days after the filing of such bill or petition. In all cases service shall be made by a copy of subpoena and bill or petition attested by the Register. The Court may order such further or other notice as the Judge considers necessary. Form 7. Declaration or Deed of Trust This declaration of trust executed this 23rd day of December, 1920, between Morgan A. Ryan of East Orange, New Jersey, grantor, and the Union Trust Company of Newark, New Jersey, a corporation duly organized under the laws of New Jersey, trustee : WITNESSETH, that said grantor in consideration of one dollar in hand paid, the receipt whereof is hereby acknowledged, does hereby assign, transfer and set over to said trustee, its successors and assigns all and singular the following described stocks and bonds: (Insert descriptive inventory) To have and to hold the said described property to said trustee, its successors and assigns In trust for the following uses and purposes: 1. To hold, control and manage the said property, to invest and reinvest the same and to collect and to receive the issues, income, interest, dividends and profits thereof, and after paying all proper charges and expenses including the legal fees allowed trustees under the laws of the state, to pay over said net income in quarterly payments to the following persons: To Janet B. Ryan, the wife of the grantor, one-fourth of the total of said net income during the term of her life. To Margaret E. Ryan, daughter of grantor, or her heirs, during the life of her mother, one-fourth of the said net income. To the grantor one-half of said net income during his life. 2. Upon the death of the said Janet B. Ryan, the one-half in value of the entire amount of said property shall be assigned, transferred and delivered by said trustee to grantor's daughter, Margaret E. Ryan, or to her heirs if she should not then be living. 3. Upon the death of grantor one-half of the value of the entire amount of said property shall be assigned, transferred and delivered to grantor's son, Roy C. Ryan of Brooklyn, New York, or his heirs. 4. The trustee shall receive such compensation for its services as is prescribed by the statute law of New Jersey for executors or trustees for like services. 5. The trustee accepts the trust hereby declared and acknowledges receipt of the stocks and bonds herein scheduled subject to the trusts as herein declared and set forth. (The customary individual and corporate attestation and notarial acknowledgment.) The foregoing is rendered in the simplest form to illustrate the principles involved. In an actual transaction the trustee, if a banking corporation, would want provisions giving it a certain latitude in selling and reinvesting and releasing it from liability for losses not caused by its default or neglect. Competent legal assistance is necessary to draw up any instrument creating a trust. Any amateur work in this direction will prove costly later. Form 8. Petition for Probate STATE OF MAINE To the Honorable, the Judge of the Probate Court in and for the County of......Kennebec..... RESPECTFULLY REPRESENTS of.....Waterville. .Henry J. Stimson.. in said County, .and. ...that......the said Henry J. Stimson......who last dwelt in......Waterville......in said County,.. .died on the... fourteenth...day of....April........A. D. 1921.., testate, possessed of estate remaining to be administered, leaving ....a widow...., whose name is....Anne L. Stimson....and as....his .only heirs-at-law, and next of kin, the persons whose names, residences and relationship to the deceased are as follows, viz: the executor....named in the Will of said deceased..Henry J. Stimson....... Wherefore....he....prays....that said Will....of Henry J. Stimson....which is....herewith presented, may be proved and allowed, and that Letters Testamentary issue to....Charles M. Curry....named therein. Your petitioner....further prays that such Letters may be issued to said Executor....without giving bond, in accordance with the request of said testator.. ....as expressed in said instrument. .A. D. 1921.. Dated this....twenty-sixth....day of........April,. .Charles M. Curry.. Knox, ss. STATE OF MAINE Subscribed and sworn to this....twenty-sixth....day of........April.......... A. D. 1921... Before me,......James R. Newhall......Notary Public. Justice of the Peace. Form 9. Order for Issuance of Citations in Foreign Jurisdictions PRESENT, At Chambers of the Surrogates' Court held in and for the County of New York, at the Hall of Records, in the County of New York, on the......21st...... day of....June....in the year nineteen hundred and twenty-one. HONORABLE Justice Blank, SURROGATE. In the Matter of Proving the Last Will Deceased, As a Will of Real and Personal Property. Henry Smith.. Upon filing the verified petition of..... executor named in the last will and testament of......John Smith... late of.... the County of New York. deceased, by which the petitioner has made proof to my satisfaction that. the persons hereinafter named are heirs and next of kin of said....John Smith......deceased, and are....not....residents of this state and that personal service of the citation herein cannot with due diligence be made upon......them...... within the state; Now, on motion of......Thomas White........attorney for the said petitioner.. Henry Smith.. ORDERED: that the service of the citation in the above-entitled matter upon the persons hereinafter named be made by publication thereof in two newspapers, to wit, in the New York Law Journal and in the New York Times, both published in the County of New York, once a week for four successive weeks; or, at the option of the petitioner, by delivering to and leaving with each of the persons hereinafter named in person a true copy of the citation without the state. AND IT IS FURTHER ORDERED AND DIRECTED, that on or before the day of the first publication, the petitioner deposit in the post office at the County of New York, a copy of the citation, contained in a securely closed post-paid wrapper directed to each of the following persons respectively, at the places designated below: John Smith, Jr. Alice Smith Robert Storm Gertrude Storm 1664 Park Ave., Los Angeles, Cal. 1664 Park Ave., Los Angeles, Cal. 124 Fifth Street, Columbus, Ohio 648 Madison St., Toledo, Ohio 648 Madison St., Toledo, Ohio Form 10. Order for Citation Within Jurisdiction Το THE PEOPLE OF THE STATE OF NEW YORK, BY THE GRACE OF GOD, FREE AND INDEPENDENT, John Smith, Jr., Alice Smith, Helen Edwards, Robert Storm, and Gertrude Storm the.....sole....heirs and next of kin of.....John Smith.....deceased, SEND GREETING: WHEREAS,. Henry Smith....who resides at.....435 West Second Street......, the City of New York, has lately applied to the Surrogates' Court of our County of New York, to have a certain instrument in writing, relating to both real and personal property, duly proved as the last will and testament of......John Smith, deceased,......who was at the time of his....death a resident of......the city and......County of New York. THEREFORE, you and each of you are cited to show cause before the Surrogates' Court of our County of New York, at the Hall of Records, in the County of New York, on the......5th......day of.......... . . July... ... ... ... .... one thousand nine hundred and twenty-one at half-past ten o'clock in the forenoon of that day, why the said will and testament should not be admitted to probate as a will of real and personal property. IN TESTIMONY WHEREOF, we have caused the seal of the Surrogates' Court of the said County of New York to be hereunto affixed. [L. S.] WITNESS, Honorable.... Justice Blank. a Surrogate of our said County of New York, at said County, the...... twenty-first......day of.....June,..... in the year of our Lord one thousand nine hundred and twenty-one. Robert Wood, Clerk of the Surrogates' Court. NOTE-The original citation must be returned to the Probate Clerk before one o'clock P. M. on the day preceding the return day, with sworn proof of service. .an heir of and next of kin of .appear in person and waive the issue and service of a citation in the matter of proving the last will and testament of said deceased, bearing date...May 15, 1921. BE IT KNOWN, that on the.... .Ist......day of......October.... one thousand nine hundred and. twenty-one.....before me.....James Orr....a....Notary Public....in and for the State of....New York... duly commissioned and sworn, residing in the....Borough of Manhattan personally came and appeared....Samuel Smith......of the City, County and State of New York... to me personally known, and known to me to be the same person described in and who executed the above waiver and.. .he....duly.... acknowledged that....he....executed the same. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office, the day and year last above written. James Orr, Notary Public.... ...N. Y. Co. No. 16789..... ..Comm. Expires Oct. 1, 1922. Form 12. Letters Testamentary THE PEOPLE OF THE STATE OF NEW YORK, BY THE GRACE OF GOD FREE AND INDEPENDENT, TO ALL TO WHOM THESE PRESENTS SHALL COME OR WHOM THEY SEND GREETING: KNOW YE, That at the County of New York, on the......fifth...... day of......May......, in the year of our Lord one thousand nine hundred and.....twenty-one... before HONORABLE..... ..J. P. Cohalan... a Surrogate of our said county, the LAST WILL AND TESTAMENT of.. ..... ...James H. Chester... deceased, was proved, and is now approved and allowed by us; and the Isaid deceased......James H. Chester,. .having been at the time of ......his......death a resident of the County of New York, by means whereof the proving and registering said will and the granting administration of all and singular the goods, chattels and credits of the said testator and also the auditing, allowing and final discharging the account thereof doth belong unto us, the administration of all and singular goods, chattels and credits of the said deceased in any way concerning....his.... will, is granted unto........ Charles A. Brown.. executor in the said will named,... ...he......being first duly sworn, well, faithfully and honestly to discharge the duties of such executor. IN TESTIMONY WHEREOF, we have caused the seal of office of the Surrogate's Court of the County of New York to be hereunto affixed. WITNESS, HONORABLE... J. P. Cohalan.. a Surrogate of our said County of New York at said |