Civil Procedure Code Administration By Pecuniary Legatee

Administration by Pecuniary Legatee

(Title)

[Alter form No.41 thus]

[ Omit paragraph 1 and substitute for paragraph 2 ] E.F., late of_________________, died on or about the ____________day of _______________By his last will, dated the_________ day of____________ he appointed C.D. his executor, and bequeathed to the plaintiff a legacy of ___________rupees.

In paragraph 4 substitute " legacy " for " debt".

Another form

(Title)

E.F., the above-named plaintiff, states as follows:-

1.     A.B. of K, in the died on the__________ day of ______________By his last will, dated the__________ day of________________________, he appointed the defendant and M.N.[ who died in the testator's lifetime ] his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to pay the rents and income thereof to the plaintiff for his life; and after his decease and in default of his having a son who should attain twenty-one, or a daughter who should attain that age or marry, upon trust as to his immovable property for the person who would be the testator's heir-at-law, and as to his movable property for the persons who would be the testator's next-of-kin if he had died intestate at the time of the death of the plaintiff, and such failure of his issue as aforesaid.

2.     The will was proved by the defendant on the _______________.day of___________ The plaintiff has not been married.

3.     The testator was at his death entitled to movable and immovable property; the defendant entered into the receipt of the rents of the immovable property and got in the movable property; he has sold some part of the immovable property.

[As in paras.4 and 5 of Form No.1.]

6.     The plaintiff claims-

1.     to have the movable and immovable property of A.B.administered in this Court, and for that purpose to have all proper directions given and accounts taken;

2.     such further or other relief as the nature of the case may require.