CO129-109 - Public Offices - 1865 — Page 146

90

Now this is to command you, in Her Majesty's name, that within eight days after service hereof on you, inclusive of the day of such service, you do bring into and leave in this Court the said original paper, or in case the said original paper be not in your possession or under your control, that you, within eight days after the service hereof on you, inclusive of the day of such service, do file in this Court an affidavit to that effect, and therein set forth what knowledge you have of and respecting the said

paper.

(Seal.)

Rt

91

*

within the jurisdiction of this Court) the said Will bearing date the

day of

beginning thus

, ending thus

and being signed thus "E.F.", and that [here describe the finding of the Will, and the various obliterations, interlineations, erasures, and alterations (if any), and the general condition of the Will, and state any other matters requiring to be accounted for, and clearly trace the Will from the possession of the deceased in his lifetime up to the time of the making of this Affidavit]; and 1 lastly say, that the same paper writing is now in all respects in the same condition as when found for as the case may be].

A.B.

25.

Affidavit of Handwriting.

In Her Britannic Majesty's Court at [Canton].

In the matter of C.D., deceased. I, A.B., of

make oath and say, I knew and was well acquainted with C.D., late of deceased, who died on the

day of

at

for many years before and down to his death, and that during that time I have frequently seen him write and sign his name, whereby I have become well acquainted with his handwriting and signat.tre, and having now with care and attention inspected the paper writing hereunto annexed, purporting to be the last Will of the said C.D., beginning thus

ending thus day of and signed thus, "C.D.," I say that I believe [the whole body and contents of the said Will, together with the signature

« C.D." thereto, to be of the handwriting of the said C.D. décensed.

A.B.

dated the

Sworn at

this 18

}

day of before me,

E.F.

I, A.B., of

26.

2

Affidavit of Finding and Condition of Will.

In Her Britannic Majesty's Court at [Canton].

In the matter of E.F. deccased.

I am the sole executor named in the paper writing hereto annexed,

purporting to be the last Will of E.F., late of

deceased (who died on the

at

day of

and had at his death his fixed place of abodo

make oath and say, that

Sworn at

18

this

3

day of

before me,

I.J.

27.

Affidavit of Search.

In Her Britannic Majesty's Court at [Canton].

This form of ath- davit is to be used when it is shown by affidavit that neither the sub- scribing witnesses nor any other person can depose

to the precise

time of the eXALU»

In the matter of C.D. deceased, 1, 4. B., of

make oath and say, that I am the tion of the will. sole executor named in the paper writing hereto annexed, purporting

to be the last Will of C. D., late of deceased (who died on the

at

place of abode at

day of

18

and had at the time of his death his fixed within the jurisdiction of this Court), "ending thus, day

the said Will beginning thus, "In witness whereof, I have hereunto set my hand this "of

in the year of our Lord one thousand eight hun- "dred and fifty-four" [or as the case may be], and being signed thus, "C. D." And referring particularly to the fact that the blank spaces originally left in the said Will for the insertion of the day and the month of the date thereof have never been supplied [or that the said Will is without date, or as the case may be], I further say, that I have made inquiry of [E. F., the solicitor of the said deceased), and that I have also made diligent and careful search in all places where the said deceased usually kept his papers of moment, in order to ascertain whether he had or had not left any other Will, but that I have been unable to discover any other Will. And I lastly say, that I believe the deceased died without having left any Will, Codicil, or Testamentary Paper whatever other than the said Will by me herein-before deposed to.

Sworn at

this

day of

19

before me,

G.H.

A. B.

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