1850.

Form of claim by creditor.

SCHEDULE A.

Forms of Claim.

1. By a Creditor upon the estate of a deceased person, seeking payment of his debt out of the deceased's personal assets.

In Chancery.

[Lord Chancellor],

[Vice-Chancellor of England, or Vice-Chancellor, naming him],

Plaintiff.

The said A. B. states, that C. D., late of

deceased, was, at the time of his death, and
that his estate still is, justly indebted to him the said
A. B., in the sum of £
for goods sold and deli-
vered by the said A. B. to the said C. D. [or otherwise,
as the case may be, or, if the debt is secured by any written
instrument, state the date and nature thereof]. And that
the said C. D. died in or about the month of

and that the above-named Defendant E. F. is the exe-
cutor [or administrator] of the said C. D., and that the
said debt hath not been paid; and therefore the said
A. B. claims to be paid the said debt or sum of £
with his costs of this suit, and in default thereof, he
claims to have the personal estate of the said C. D. ad-
ministered in this Court, on behalf of himself and all
other the unsatisfied creditors of the said C. D., and for

that

that purpose, that all proper directions may be given and accounts taken.

Note.-This form may be varied according to the circumstances of the case, where the claimant is not the original creditor, but has become interested in or entitled to the debt; in which case the character in which he claims is to be stated.

1850.

2. By a Legatee under the will of any deceased person, Claim by seeking payment or delivery of his legacy, out of legatee. the testator's personal assets.

In Chancery.

[Lord Chancellor],

[Vice-Chancellor of England, or Vice-Chancellor,

and that the above-named C. D. is the executor of the

said

and that the said legacy of £

together with interest thereon after the rate of £

day of

,

per cent. per annum from the
[the day mentioned in the will for the payment of the
legacy, or the expiration of twelve calendar months after
the said testator's death], is now due and owing to him
the said A. B. [or still unpaid or unsatisfied] [or unap-
propriated

c 4

1850.

propriated or unsecured]. And the said A. B. therefore
claims to be paid [or satisfied] the said legacy and inter-
est, [or to have the said legacy and interest appropriated
and secured], and in default thereof, he claims to have
the personal estate of the said
administered

in this Court, on behalf of himself and all other the
legatees of the said
and for that purpose,
that all proper directions may be given and accounts
taken.

Note. This form may be varied according to the circumstances of the case, where the legacy is an annuity or specific, or where the Plaintiff is not the legatee, but has become entitled to or interested in the legacy; in which case, the character in which the Plaintiff claims is to be stated.

Claim by residuary legatee.

3. By a Residuary Legatec, or any of several residuary legatees of any deceased person, seeking an account of the residue, and payment or appropriation of his share therein.

In Chancery.

[Lord Chancellor],

[Vice-Chancellor of England, or Vice-Chancellor, naming him],

or

[Master of the Rolls].

The claim of A. B. of

Between A. B., Plaintiff.

C. D., Defendant.

the above-named

Plaintiff. The said A. B. states, that he is the residuary legatee, [or one of the residuary legatees] under the will

dated the

day of

of

late

late of

who died on the

day of

and that the above-named Defendant C. D. is the ex-
ecutor of the said
and that the said C. D.

hath not paid to the said A. B. the [or his share of the]
residuary personal estate of the said testator. The said
A. B. therefore claims to have the personal estate of
the said
administered in this Court, and to have
his costs of this suit, and for that purpose, that all proper
directions may be given and accounts taken.

Note.This form may be varied according to the circumstances of the case, where the Plaintiff is not the residuary legatee, but has become entitled to or interested in the residue, in which case, the character in which he claims is to be stated.

1850.

4. By the person, or any of the persons, entitled to the Claim by next personal estate of any person who may have died of kin.

intestate, and seeking an account of such personal

estate and payment of his share thereof.

In Chancery.

[Lord Chancellor],

[Vice-Chancellor of England, or Vice-Chancellor,

Plaintiff.

the above-named

The said A. B. states, that he is the next of

kin [or one of the next of kin], according to the statutes for the distribution of the personal estate of intestates,

of

late of

who died on the

day

1850.

day of

intestate; and that the said A. B.

is entitled to [or to a share of] the personal estate of
the said
deceased, and that the said
Defendant C. D. is the administrator of the personal
estate of the said
and that the said C. D.
has not accounted for or paid to the said A. B. the [or
the said A. B.'s share of the] personal estate of the said
intestate. The said A. B. therefore claims to have the
personal estate of the said
administered in

this Court, and to have his costs of this suit; and for
that purpose, that all proper directions may be given
and accounts taken.

Claim by executor or administrator.

5. By the executor or administrator of a deceased person, claiming to have the personal estate of the testator administered under the direction of the Court.

In Chancery.

[Lord Chancellor],

[Vice-Chancellor of England, or Vice-Chancellor, naming him],

A. B. states, that he is the executor [or administrator]

but now deceased, who and that he

of E. F., late of
departed this life on or about
hath possessed the personal estate of the said E. F. to
some amount, and that he is willing and desirous to
account for the same, and that the whole of the personal
estate of the said E. F. should be duly administered in