Preliminary Decree In An Administration Suit Drafting Decrees Template 819 Legal Draft Template
| Category | Drafting Decrees Template |
| Format | Rich Text |
| File name | Preliminary Decree in an Administration Suit-Drafting-Decrees Template-819.rtf |
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Preliminary Decree in an Administration Suit
IN THE COURT OF ……..
SUIT NO……… 20…...
SUIT NO……… 20…...
It is ordered that the following accounts and inquiries be taken and made that is to say -
In creditor’s suit -
1. That an account be taken of what is due to the plaintiff and all other the creditors of the deceased.
In suits by legatees -
2. That an account be taken of the legacies given by the testator’s will.
In suits by next-of-kin.
3. That an inquiry be made and account taken of what or of what share, if any, the plaintiff is entitled to as next-of-kin [or one of the next-of-kin] of the intestate.
[After the first paragraph, the decree will, where necessary, order, in a creditor’s suit, inquiry and accounts for legatees, heirs-at-law and next-of-kin. In suits by claimants other than creditors, after the first paragraph, in all cases, an order to inquire and taken an account of creditors will follow the first paragraph and such of the others as may be necessary will follow, omitting the first formal words. The form in continued as in a creditor’s suit].
4. An Account of the funeral and testamentary expenses.
5. An account of the movable property of the deceased come to the hands of the defendant, or to the hands of any other person by his order or for his use.
6. An inquiry what part (if any) of the movable property of the deceased in outstanding and undisposed of.
7. And it is further ordered that the defendant do, on or before the ………….. day of ……………. next, pay into Court all sums of money which shall be found to have come to his hands, or to the hands, or any person by his order or for his use.
In creditor’s suit -
1. That an account be taken of what is due to the plaintiff and all other the creditors of the deceased.
In suits by legatees -
2. That an account be taken of the legacies given by the testator’s will.
In suits by next-of-kin.
3. That an inquiry be made and account taken of what or of what share, if any, the plaintiff is entitled to as next-of-kin [or one of the next-of-kin] of the intestate.
[After the first paragraph, the decree will, where necessary, order, in a creditor’s suit, inquiry and accounts for legatees, heirs-at-law and next-of-kin. In suits by claimants other than creditors, after the first paragraph, in all cases, an order to inquire and taken an account of creditors will follow the first paragraph and such of the others as may be necessary will follow, omitting the first formal words. The form in continued as in a creditor’s suit].
4. An Account of the funeral and testamentary expenses.
5. An account of the movable property of the deceased come to the hands of the defendant, or to the hands of any other person by his order or for his use.
6. An inquiry what part (if any) of the movable property of the deceased in outstanding and undisposed of.
7. And it is further ordered that the defendant do, on or before the ………….. day of ……………. next, pay into Court all sums of money which shall be found to have come to his hands, or to the hands, or any person by his order or for his use.
1. And that if the ………… shall fine it necessary for carrying out the objects of the suit to sell any part of the movable property of the deceased that the same be sold accordingly, and the proceeds paid into Court.
2. And that Mr. ……………… be receiver in the suit (or proceedings) and receive and get in all outstanding debts and outstanding movable property of the deceased, and pay the same into the hands of the ……………. [and shall give security by bond for the due performance of his duties to the amount of ...............
3. And it is further ordered that if the movable property of the deceased be found insufficient for carrying out the objects of the suit, then the following further inquiries be made, and accounts taken, that is to say -
(a) an enquiry what immovable property the deceased was seized of or entitled to at the time of his death;
(b) an inquiry what are the encumbrances (if any) affecting the immovable property of the deceased or any part thereof;
(c) an account, so far as possible, of what is due to the several encumbrances, and to include a statement of the priorities of such of the encumbrances, as shall consent to the sale hereinafter directed.
4. And that the immovable property of the deceased, or so much thereof as shall be necessary to make up the fund in Court sufficient to carry out the object of the suit, be sold with the approbation of the Judge, free from encumbrances (if any) such encumbrances as shall consent to the sale and subject to the encumbrances of such of them and shall not consent.
5. And it is ordered that ……………. shall have the conduct of the immovable property, and shall prepare the conditions and contracts of sale subject to the approval of the …………….. and that in case any doubt or difficulty shall arise the papers shall be submitted to the Judge of settle.
6. And it is further orders that, for the purpose of the inquires hereinbefore directed ……………. the …….……. shall advertise in the newspapers according to the practice of the Court, or shall make such inquiries in any other way which shall appear to the …………. to give the most useful publicity to such inquires.
7. And it is ordered that the above inquiries and accounts be made and taken, and that all other acts ordered to be done be completed, before the day of …………… and that the ……………. do certify the result of the injuries, and the accounts, and that all other acts ordered are completed, and have his certificate in that behalf ready for the inspection of the parties on the ………….. day of.
8. And, lastly it is ordered that this suit (or proceedings) stand adjourned for making final decree to the day of.
[Such part only of this decree is to be used s is applicable to the particular case].