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Confirmation of Executors (Scotland) Act 1858

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This is the original version (as it was originally enacted).

Schedule to which the foregoing Act refers.

Schedule A

Form of a Petition for Appointment of an Executor to a deceased Person

Unto the Honourable the Commissary of [specify the County], the Petition of A.B. [here name and design the Petitioner] ;

Humbly sheweth,

That the late CD. [here name and design the deceased Person to whom an Executor is sought to be appointed] died at [specify Place] on or about the [specify Date], and had at the Time of his Death his ordinary or principal Domicile in the County of [specify County, or " furth of Scotland," or " without any fixed Domicile, " or " without any known Domicile," as the Case may be]. That the Petitioner is the only Son and Next of Kin [or state what other Relationship, Character, or Title the Petitioner has, giving him Right to apply for the Appointment of Executor]. May it therefore please your Lordship to decern the Petitioner Executor Dative qua Next of Kin to the said CD. [or state the other Character in which the Petitioner claims to be appointed Executor],

According to Justice, &c. _____________________________ [Signed by the Petitioner or his Agent.]

Schedule B

Roll of Petitions for the Appointment of Executors in Commissary Courts in Scotland

County.Name and Designation of Petitioner.Title of Petitioner.Name and Designation of Defunct.Place and Date of Death.
Edinburgh.A.B., Writer in Edinburgh.Next of Kin.CD, Merchant in Edinburgh.No. George St., Edinburgh, 1st January 1857.

Schedule C

Form of Certificate by Commissary Clerk of Publication of a Petition for the Appointment of an Executor

I, A.B., Commissary Clerk [or " Commissary Clerk Depute," as the Case may be,] of the County of [specify County], hereby certify that this Petition was intimated by affixing a Copy thereof on the Door of the Court-house [if some other Place has been directed by the Commissary, specify it], on the [specify Date], and by being published by the Keeper of the Record of Edictal Citations at Edinburgh, in the printed Roll of Petitions for the Appointment of Executors in the Commissary Courts of Scotland, printed and published on [specify Date]. A.B.

Schedule D

Form of d, Testament Dative or Confirmation of the Executor of a Person who has died without naming one

I, A.B., Commissary of the County of [specify County], considering that by my Decree, dated [specify Date], I decerned' CD. Executor Dative qua Next of Kin [or other Character, as the Case may be,] of the late E.F., who died at [specify Place], on [specify Date], and seeing that the said CD. has since given up on Oath an Inventory of the Personal Estate and Effects of the said E.F. at the Time of his Death situated in Scotland, [or situated in Scotland and England, or in Scotland and Ireland, or in Scotland, England, and Ireland, as the Case may be,] amounting in Value to _______________ Pounds, which Inventory has been recorded in my Court Books, of Date [specify Date], and that he has likewise found Caution for his Acts and Intromissions as Executor: Therefore I, in Her Majesty's Name and Authority, make, constitute, ordain, and confirm the said C.D. Executor Dative qua [specify Character] to the Defunct, with full Power to him to uplift, receive, administer, and dispose of the said Personal Estate and Effects, and grant Discharges thereof, if needful to pursue therefor, and generally every other Thing concerning the same to do that to the Office of Executor Dative qua [specify Character] is known to belong; providing always, that he shall render just Count and Reckoning for his Intromissions therewith when and where the same shall be legally required. Given tinder the Seal of Office of the Commissariot [specify County], and signed by the Clerk of Court at [specify Place], the [specify Date]. To be signed by the Commissary Clerk or his Depute, and sealed with the Seal of Office.

Schedule E

Form of a Testament Testamentar or Confirmation of an Executor Nominate

I, A.B., Commissary of the County of [specify County], considering that the late CD. died at [specify Place], upon [specify Date], and that by his last Will [or other Writing containing the Nomination of Executor], dated [specify Date], and recorded in my Court Books upon [specify Date], the said CD. nominated and appointed E.F. to be his Executor, and that the said E.F. has given up on Oath an Inventory of the Personal Estate and Effects of the said CD' at the Time of his Death situated in Scotland, [or situated in Scotland and England, or situated in Scotland and Ireland, or situated in Scotland, England, and Ireland, as the Case may be,] amounting in Value to ______________ Pounds, which Inventory has likewise been recorded in my Court Books of Date [specify Date] : Therefore I, in Her Majesty's Name and Authority, ratify, approve, and confirm the Nomination of Executor contained in the foresaid last Will [or other Writing containing the Nomination of Executor]; and I give and. commit to the said E.F. full Power to uplift, receive, administer, and dispose of the said Personal Estate and Effects, grant Discharges . thereof, if needful to pursue therefor, and generally every other Thing concerning the same to do that to the Office of an Executor Nominate is known to belong; providing always, that he shall render just Count and Reckoning for his Intromissions therewith when and where the same shall be legally required. Given under the Seal of Office of the Commissariot of [specify County], and signed by the Clerk of Court at [specify Place], the [specify Date]. To be signed by the Commissary Clerk or his Depute, and sealed with the Seal of Office.

Schedule F

I, A.B., Commissary Clerk [or Commissary Clerk Depute] of the County of Edinburgh, hereby certify that this Grant of Probate has [or these Letters of Administration have] been produced in the Commissary Court of the said County, and that a Copy thereof has been deposited with me

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