Mar. 4.] THE NEW ZEALAND GAZETTE. 649

a true account of my administratorship within twelve calendar months after the grant of such letters.

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

NOTE.—If the deponent is unable to depose to the matters mentioned in paragraphs 5 and 6 of the last form of affidavit, those paragraphs must be varied by stating that the deponent has caused search and inquiry to be made, as in those paragraphs mentioned, and a separate affidavit in the form of paragraphs 5 and 6 must be made by the person who has made the search and inquiry.

If the deceased had no solicitor or banker the words in paragraph No. 6 which are in brackets may be omitted.

FORM No. 38.

Affidavit to lead Grant of Administration to Son or Daughter of Deceased.

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 natural and lawful father, and that he left him surviving the following children—namely, myself, this deponent, his son [or daughter], and [other] sons, namely, [State names of sons, and their ages, residences, and occupations] ; and [other] daughters, namely, [State names of daughters, and their ages, residences, and occupations, and, if married, the names, residences, and occupations of their husbands].

(4.) That my father, the said deceased, was married once only, and that his wife, my mother, predeceased him.

(5.) That due notice of my intention to apply to this honourable Court for letters of administration of the estate and effects of the said deceased has been given to such of my brothers and sisters hereinbefore mentioned as are of full age and are resident within the Dominion of New Zealand. [Or, as the case may require, That such of my brothers and sisters hereinbefore mentioned as are of full age and are resident within the Dominion of New Zealand have consented in writing [produced and shown to me at the time of my swearing this affidavit, and marked “ A”] to the grant to me of letters of administration of the estate and effects of the said deceased.

(6.) 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.

(7.) 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.

(8.) 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. (Rule 18, p. 8.)

(9.) 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 £ .

(10.) 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 a true account of my administratorship within twelve calendar months after the grant of such letters.

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

NOTE.—If the consent in writing of the other persons in equal degree of relationship to the deceased is not obtained and filed, a separate affidavit or affidavits verifying a copy of the notice required by Rule No. 531c to be served upon them, and proving the service upon each, must be filed; or paragraph 5 of the above affidavit may be altered so as to show compliance with Rule No. 531c. If the deceased had no solicitor or banker, the words in paragraph 7 which are in brackets may be omitted.

FORM No. 38A.

Affidavit to lead Grant of Letters of Administration to Brother or Sister of Deceased.

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 natural and lawful brother, and that he was at the time of his death a bachelor, and that the father and mother of the deceased and of me, this deponent, both predeceased him.

(4.) That besides myself the said deceased left him surviving [other] brothers, that is to say, [Here state the names, ages, residences, and occupations of the brothers of the applicant and the deceased] ; and [other] sisters, that is to say, [Here state the names, ages, residences, and occupations of the sisters of the applicant and the deceased, and, if the sisters are married, the names, residences, and occupations of their husbands].

(5.) That due notice of my intention to apply to this honourable Court for letters of administration of the estate and effects of the said deceased has been given to such of my brothers and sisters hereinbefore mentioned as are of full age and are resident within the Dominion of New Zealand. [Or, as the case may require, That such of my brothers and sisters hereinbefore mentioned as are of full age and are resident within the Dominion of New Zealand have consented in writing [produced and shown to me at the time of my swearing this affidavit, and marked “ A”] to the grant to me of letters of administration of the estate and effects of the said deceased.

(6.) 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.

(7.) 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.

(8.) 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.

(9.) 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 £ .

(10.) 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 a true account of my administratorship within twelve calendar months after the grant of such letters.

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

NOTE.—It is not sufficient to allege of a deceased intestate person that he or she died “ unmarried.” It must be alleged that he or she was a bachelor or a spinster, or that he or she was never married. If the deceased had no solicitor or banker, the words in paragraph 7 which are in brackets may be omitted.

FORM No. 38B.

Affidavit of Justification of Sureties.

In the Supreme Court of New Zealand,
District.

In the estate of , of , deceased.

We, , of , in New Zealand, and , of , in New Zealand, severally make oath and say,—