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The Code of Civil Procedure, 1908: page 250

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 250, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

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                                                         No. 43
                                           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
                                                                                             e
having a son who should attain twenty-one, or a daughter who should attain that age or marry, upon trust
                                                                                     od
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.
                                                                            aC
                                                                      di
    2. The will was proved by the defendant on the...............................day of........................The plaintiff
has not been married.
                                                                In
    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 a 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.
                                                               No. 44
                                                         EXECUTION OF TRUSTS
                                                                     (Title)
A. B., the above-named plaintiff, states as follows:—
     1. He is one of the trustees under an instrument of settlement bearing date on or about
the.................day of............................made upon the marriage of E.F. and G.H. the father and mother of
the defendant [or an instrument of transfer of the estate and effects of E.F. for the benefit of C.D. the
defendant, and the other creditors of E.F.].
     2. A.B. has taken upon himself the burden of the said trust, and is in possession of [or of the proceeds
of] the movable and immovable property transferred by the said instrument.
      3. C.D. claims to be entitled to a beneficial interest under the instrument.
     [As in paras. 4 and 5 of Form No. 1.]




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Compare original page imageComplete official PDF physical page 250; includes original layout and notes