648
THE NEW ZEALAND GAZETTE.
[No. 18

FORM No. 35A.

Affidavit of Execution when a Will is signed in the Attestation or Testimonium Clause.

In the Supreme Court of New Zealand,
District.

In the estate of __, of __, deceased.

I, __, of __, in New Zealand, __, make oath and say,—

(1.) That I am one of the subscribing witnesses to the last will and testament [or codicil, as the case may be] of the above-named __, of __, in New Zealand, __, deceased, bearing date the __ day of __, 190____, now produced and shown to me.

(2.) That the said testator executed the said will on the day of the date thereof by signing his name in the attestation or testimonium clause thereof [as the case may be], as the same now appears thereon, meaning and intending the same for his final signature to his will, in the presence of me and of __, of __, in New Zealand, __, the other subscribed witness thereto, both of us being present at the same time, and we thereupon attested and subscribed the said will in the presence of the said testator.

Sworn at __, this __ day of __, 190, before me—
__, a solicitor of the Supreme Court of New Zealand.

FORM No. 35B.

Affidavit as to Testator’s Knowledge of the Contents of his Will.

In the Supreme Court of New Zealand,
District.

In the estate of __, of __, deceased.

I, __, of __, in New Zealand, __, make oath and say,—

(1.) That I am one of the subscribing witnesses to the last will and testament [or codicil] of the above-named __, of __, in New Zealand, __, deceased, bearing date the __ day of __, 190____, now produced and shown to me.

(2.) That the said testator duly executed his said will on the day of the date thereof by signing his name [or making his mark, as the case may be] at the foot or end thereof, as the same now appears thereon, in the presence of me and of __, of __, in New Zealand, __, the other subscribed witness thereto, and we thereupon attested and subscribed the said will in the presence of the said testator. [Or, as the case may require, The said will was duly executed by the said testator by the signing of the same at the foot or end thereof by __, of __, in New Zealand, __, in the presence of the said testator and by his direction, and that the name __ now appearing at the foot or end of the said will was signed thereto by the said __ by direction of the said testator as the signature of the said testator to his said will in the presence of the said testator, and also in the presence of me, this deponent, and of the said __, both of us being present at the same time, and we thereupon attested and subscribed the said will in the presence of the said testator.]

(3.) That, previously to the execution as aforesaid of the said will by the said testator, the same was read over to him by me [or by the said __, or by himself] in my presence, and he, the said deceased, at such time seemed thoroughly to understand the same [or had full knowledge of the contents thereof].

Sworn at __, this __ day of __, 190, before me—
__, a solicitor of the Supreme Court of New Zealand.

FORM No. 35C.

Affidavit verifying Alterations in a Will, deposed to by a Subscribed Witness.

In the Supreme Court of New Zealand,
District.

In the estate of __, of __, deceased.

I, __, of __, in New Zealand, __, make oath and say,—

(1.) That I am one of the attesting witnesses to the last will and testament of the above-named __, of __, in New Zealand, __, deceased, which will bears date the __ day of __, 190____, and is produced and shown to me at the time of my making this affidavit.

(2.) That I particularly observed the words __ interlined between the __ and __ lines of the sheet of the said will.

(3.) That the said testator executed the said will on the day of the date thereof by signing his name at the foot or end thereof as the same now appears thereon in the presence of me and of __, of __, in New Zealand, __, the other subscribed witness thereto, both of us being present at the same time, and we thereupon attested and subscribed the said will in the presence of the said testator.

(4.) That the said recited interlineation was written and made in the said will previously to the execution thereof.

Sworn at __, this __ day of __, 190, before me—
__, a solicitor of the Supreme Court of New Zealand.

FORM No. 35D.

Affidavit verifying Alterations in a Will, made by the Writer thereof.

In the Supreme Court of New Zealand,
District.

In the estate of __, of __, deceased.

I, __, of __, in New Zealand, __, make oath and say,—

(1.) That I was the writer of the last will and testament of the above-named __, of __, in New Zealand, __, which will bears date the __ day of __, 190____, and is produced and shown to me at the time of making this affidavit.

(2.) Referring to an erasure appearing at the beginning of the __ line of the __ page or side thereof, immediately before the name __, and to the interlineation of the word __ between the __ and __ lines of the said page, I say that the said erasure and interlineation were made by me in the said will in manner and form as the same now appear previously to the execution of the said will.

Sworn at __, this __ day of __, 190, before me—
__, a solicitor of the Supreme Court of New Zealand.

FORM No. 37.

Affidavit to lead Grant of Administration to Widow or Widower.

In the Supreme Court of New Zealand,
District.

In the estate of __, of __, deceased.

I, __, of __, make oath and say as follows:—

(1.) That I knew __, of __, now deceased, when alive, and that the said __ was resident or was domiciled at __ within this judicial district, and that the nearest Registry Office of this Court to the place where the said __ resided or was domiciled is at __.

(2.) That the said __ died at __, on or about the day of __, 190____, as I am able to depose from having seen him die [or from having seen his dead body after death, or from having been present at an inquest upon his body, or from having been present at his funeral, or as the case may be, showing in every case the deponent’s means of knowledge].

(3.) That the said deceased was my lawful husband [or wife], and that the said deceased left him [or her] surviving me, this deponent, his lawful widow [or widower] and [State number of children] children—that is to say, [Here set out the names of the children and their ages].

(4.) That the said deceased had never been married prior to his [or her] marriage with me, this deponent [or as the case may require]; that the said deceased was at the time of his [or her] marriage with me, this deponent, a widower [or widow], and that he [or she] left him [or her] surviving by his [or her] former marriage [State number of children] children—that is to say, [Here state the names of the children and their ages].

(5.) That since the death of the said deceased I have had access to his [or her] papers and repositories, and that I have searched diligently therein for any will or testamentary writing made or signed by the said deceased, and that I have been unable to find any such will or testamentary writing.

(6.) That I have made inquiry of [the solicitor who acted for the said deceased during his (or her) lifetime, and of the bankers with whom he (or she) banked, and of] all persons likely to know if the said deceased had made or signed any will or testamentary writing, and I have been unable to learn that the said deceased ever made or signed any such will or testamentary writing.

(7.) That I do verily believe that the said deceased died intestate, and that I am the only next-of-kin [or one of the next-of-kin] of the said deceased.

(8.) That, to the best of my knowledge, information, and belief, the estate, effects, and credits of the said deceased to be administered by me are under the value of £__.

(9.) That I will exhibit unto this Court a true, full, and perfect inventory of all the estate, effects, and credits of the said deceased within three calendar months after the grant of letters of administration thereof to me, and that I will file