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the personal estate of said decedent is insufficient for the payment of his debts, as will appear by a true and perfect inventory and conscionable appraisement of all the personal estate whatsoever of the said decedent, certified under the hand and seal of the . . . . of said county, and a just and true account of all the debts of said decedent which have come to the knowledge of the petitioner, said inventory and account being hereto annexed, and marked, respectively, schedules "A" and "B."

The petitioner further represents, that the said C. D. died seized in his demesne as of fee of and in certain real estate, situate.. ., particularly described in a statement hereto annexed, marked schedule "C.”

The petitioner therefore prays the court to order the sale [or, mortgage] of so much or such part of the said real estate as to the court shall appear necessary for the payment of the debts of said decedent. And he will ever pray, etc.

A. B.

[The foregoing form is that in use in Pennsylvania, but with whatever modifications the statutes in various jurisdictions may require, it will apply elsewhere. It should be accompanied by an affidavit as to the truth of the facts set forth.]

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named in the accompanying commission, sworn and examined by me under and by virtue of said commission issued out of the.. . . court of. . . county, Alabama, in

the

the above-styled cause, and the said. witness named in said commission first being duly sworn to tell the truth, the whole truth, and nothing but the truth, doth depose and say as follows:

To the first interrogatory he answers, etc.

CERTIFICATE OF OFFICER

I, [name and official character of officer], hereby certify that I caused to come before me, at. ., the witness,. ..; that he was duly sworn and examined, and that his evidence was taken down, as near as may be, in his own language; that it was read over to him and subscribed by him in my presence; that I have personal knowledge of the identity of said witness [or, proof of his identity has been made], and that he is the person named in said interrogatories and commission. annexed, and that I am not of counsel or kin to any of the parties to the cause, or in any manner interested in the result of the same.

Witness my hand and seal this. . . day of.. A. D. 19

[L. S.]

[Official signature]

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the witness

Answers and depositions of . named in the accompanying commission, who resides in . . . county,. . . . . . to the direct and cross-interrogatories hereto attached, propounded to him in the aboveentitled cause, taken before me, [name and official character], in accordance with said commission.

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I, [name and official character], do hereby certify that the foregoing answers of . . . the witness before named, were made before me and were sworn to and subscribed before me by the said witness.

Given under my hand and seal of office this. . . day of A. D. 19

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and to be read as evidence in behalf of plaintiff [or, defendant] on the trial of the above-styled cause, pending in the

. . court of. . . . . . county, Arkansas.

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hereby certify that the foregoing depositions of . . . . and.. . ., the witnesses before named, were taken before me, and were read to and subscribed by them in my presence at the time and place mentioned in the caption, the said. . . . . and . . . having been first sworn by me that the evidence they should give in the action should be the truth, the whole truth, and nothing but the truth, and their statements reduced to writing by me in their presence [or, by them in my presence], the plaintiff alone being at the examination [or, defendant, or, both the plaintiff and defendant either in person or by attorney, or both].

Given under my hand this . . . day of. [L. S.]

.

, A. D. 19

Official signature]

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a witness sworn

Answers and depositions of . . and examined by me, [name and official character], under and by virtue of a commission issued out of the abovenamed court, in the above-styled cause therein pending, and the said witness first being duly sworn to tell the truth, the whole truth, and nothing but the truth, deposes and says as follows:

State of.
County of.

I, [name and

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official character of officer], do hereby certify that.. the witness above named, appeared before me and after being duly sworn as above stated, his evidence was taken down and was thereafter read over and corrected

by him, after which he subscribed the same in my presence on the day of . . . . ., A. D. 19 at my office in . county, state aforesaid; and that I know said witness to be the same person named in said commission. [If not personally acquainted state that he has been identified and proven to be, etc.]

Witness my hands and seal of office this . . . day of A. D. 19

[L. S.]

[Official signature]

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COLORADO

VS.

CAPTION

In the district court of the.
judicial district of Colorado within
and for. . . . county, suit pending.

Answers and depositions of . . . the witness named in the accompanying commission to the interrogatories hereto attached, taken by me, [name and official character], in accordance with said accompanying commission.

CERTIFICATE OF OFFICER

State of.
County of.

:}ss.

I, [name and official character of officer], do hereby certify that the above and foregoing deposition was taken before me, and by me [or, by . . . a disinterested person in my presence and under my direction] reduced to writing; that the said [witness], was by me first duly sworn to testify the truth, the whole truth, and nothing but the truth, in suit now pending in the. court, in and for the county wherein..

of.

., in the state of.

is plaintiff, and . . . . . . is defendant, and that after said deposition had been all taken, it was carefully read over by me to said witness, and then by him subscribed as his deposition in my presence.

Witness my hand and official seal this. . . day of.. A. D. 19

[L. S.]

[Official signature]

[If the notary be appointed by the commission as a special commissioner, and not as an officer, he should sign himself as commissioner, and leave off his seal.]

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