Administration by pecuniary Legatee
[Alter Form No. 41 thus]
Mr………………………….., the above-named plaintiff, states as follows :
[Omit paragraph 1 and commence paragraph 2] Mr…………………….., late of ……….. died on or about the …………… day of …………….. By his last will, dated the …………. day of …………….. he appointed Mr………………., his executor, and bequeathed to the plaintiff a legacy of rupees.
In Para. 4 substitute “legacy” for “debt”
Another form
(Title)
Mr……………………, the above-named plaintiff, states as follows :
1. Mr…….…………… of ………….. in the ………….. died on the ..………… day of ………………… by his last will, dated the …………… day of ….………, he appointed the defendant and ……… [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 so 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 had sold some part of the immovable property.
4. [Facts showing when the cause of action arose and that Court has jurisdiction.]
5. The value of the subject-matter of the suit for the purpose of jurisdiction is ………… rupees and for the purpose of court fee is …….. rupees.
6. The plaintiff claims –
(1) to have the movable and immovable property of …………….. administered in this Court and for the purpose to have all proper directions given and accounts taken;
(2) Such further or other relief as the nature of the case may require.