required by law at least five days before said day so fixed for the hearing of said petition.

[Date.]

FORM NO. 297.

Judge.

ORDER FOR SALE OF PERSONAL PROPERTY.

[Title of Proceeding.]

day of

A B, as the executor of the will [or as the administrator of the estate] of C D, deceased, having on the filed a petition for the sale of personal property belonging to the estate of said decedent, and said petition coming on regularly to be heard on this day of ——, and proof having been made to the satisfaction of the court that notice of such hearing had been given as required by law and the order of this court, and evidence having been heard, and it appearing to the court that such property should be sold [and that it is for the best interest of said estate and those interested therein that such sale be made]

IT IS ORDERED AND DECREED that said property described in said petition, namely, [describe the property] be sold by said executor [or administrator] at public auction in the manner required by law; [or it appearing to the satisfaction of the court that said property would be likely to sell at a higher and better price at private sale than it would at public auction,

IT IS ORDERED AND DECREED that said executor [or administrator] sell at private sale the property described in said petition, namely: [describe the property.]

[Date.]

FORM NO. 298.

Judge.

RETURN OF SALES OF PERSONAL PROPERTY.

[Title of Proceeding.]

A B, as the executor of the will [or as the administrator of the estate] of C D, deceased, returns and reports the following

sales of the property of the estate of said decedent under the order of sale made by this court on the

day of

Such sales were made by said executor [or administrator] at public auction for gold coin, after giving at least ten days previous notice thereof by public notices posted in more than three public places in the said county of which notices contained the time and place of the sale, and a brief description of the property to be sold.

Such sale was made at

said county of

time of such sale.

, which is a public place in and the property sold was present at the

The following is a brief description of each parcel of the property sold, the name of the purchaser thereof at such sale, the price for which each parcel of the property was sold, and the inventoried value thereof, namely:

was

The whole amount received from the sale of the property dollars;

That said sale was legally made and fairly conducted, and the money received on such sale was not disproportionate to the value of the property sold.

WHEREFORE said executor [or administrator] prays that an order be made confirming such sale. [Date.]

[Duly verified.]

A B,

Executor [or administrator].

The court may in its order and decree of sale order that the property sold need not be present at the time of sale, in which case the returns of sale need not state that the property sold was present at the time of sale.

If the court order the property sold at private sale, the notice and return need not state nor show that the place of sale was at a public place in the

county.

The court for good cause shown may order that a shorter notice than a notice of at least ten days be given, in case of either a public or private sale.

FORM NO. 299.

ORDER FIXING TIME OF THE HEARING OF THE RETURN OF

SALE.

[Title of Court and Proceeding.]

A B, as the executor of the will [or as the administrator of the estate] of C D, deceased, having returned and reported a sale of personal property of the estate of said decedent,

day of

at

- o'clock

m.,

IT IS ORDERED that the be and is fixed for the hearing of said return and report, and the clerk is directed to give notice thereof by posting such notice in three public places in the county of

at least

days before the day so fixed.

[Date.]

Judge.

FORM NO. 300.

ORDER CONFIRMING SALE OF PERSONAL PROPERTY.

[Title of Proceeding.]

day of

A B, as the executor of the last will [or as the administrator of the estate] of C D, deceased, having on the returned and reported the sale of personal property of the estate of the decedent, and the court having fixed the

at

day of

o'clock m. as the time of the hearing of said return and report, and having directed the clerk to give notice thereof, and it having been proven to the satisfaction of the court that such notice had been given as required by law and directed by the court, and the matter coming on regularly to be heard by the court on the day of, and evidence having been heard, and it appearing to the court that such sale was legally made and fairly conducted, and that the price for which said property was sold was not disproportionate to its value,

IT IS ORDERED AND DECREED that said sale be, and it is confirmed. [Date.]

Judge.

FORM NO. 301.

PETITION OF SALE OF REAL PROPERTY OF THE ESTATE OF A DECEDENT.

[Title of Proceeding.]

A B, as the executor of the last will [or as the administrator of the estate] of C D, deceased, presents his verified petition to the judge of said court [or to said court] and alleges and

states:

day of

day of

testate

That said C D died on or about the [or intestate] and by the order of this court duly given and made on the said will was admitted to probate, and letters tesfamentary thereon were granted to [or letters of administration on his estate were granted to] said A B, and he thereafter qualified as such executor [or such administrator], and such letters were thereafter and on the issued to him as such executor [or administrator] and he has been ever since such executor; [or administrator.]

day of

That your petitioner has returned and filed an inventory and appraisement of the estate of said decedent, and has published as required by law and the order of this court a notice to the creditors of said decedent, requiring them to exhibit their claims against said deceased;

$

That the amount of the personal property of the estate of said decedent which has come into the hands of your petitioner was of the value of $ -, and of such personal property in value has been set apart by this court for the use and benefit of the family of said decedent, and $ in value of said personal property has been sold by your petitioner under the orders of this court, and $ in value of such personal property remains in the hands of your petitioner undisposed of; That the debts outstanding against said decedent so far as they can be ascertained or estimated are $

;

That this court made an order for an allowance to the family of said decedent and the amount due on such allowance is $ -; and the amount which will be due thereon after the same has been in force for one year will be $

;

That the debts, expenses and charges of the administration

of the estate of said decedent already accrued have been $ and of this amount the sum of $

remains unpaid;

That the only money of the estate in the hands of your petitioner is $ and the debts due to the decedent or to

his estate have all been collected, which are collectible, [with the exception of $];

An estimate of the debts, expenses and charges of the administration of said estate which will or may accrue during the administration of said estate is $

;

That a general description of all real property of which the decedent died seized, and of the property in which he had any interest, and in which his estate has acquired any interest, and the condition and value thereof, and a statement of what part thereof is community, and what part thereof is separate property is contained in said inventory of his estate, to which reference is made, and is as follows:

Ist: [Describe the property.] Said property is improved and has a dwelling house thereon; it is of the value of $ and was the community property of the decedent and of E F, his surviving wife, and was selected by them during his lifetime as a homestead, and it has been assigned by this court as a homestead to said surviving wife.

[Or said property is the separate property of said decedent, and it has been selected, designated and set apart, and caused to be recorded by this court as a homestead for the term of for the use of the surviving wife and the minor children. of the decedent.]

2nd: [Describe the property and the interest of decedent therein.] This property was the separate property of the decedent; it is improved, fenced in, [describe briefly the improvements thereon] and is of the value of $; [it is cultivated] and is of the rental value of $ per annum.

[And so on, describing all of said property; and if the estate acquired any interest in property subsequent to the death of the decedent, state briefly what that interest is and how it was so acquired.]

That the names of the legatees and devisees of said decedent are: [Give their names, and as nearly as it can be ascertained where each one resides.]

That so far as is known to your petitioner, the following are