JUNE 19.] THE NEW ZEALAND GAZETTE. 1935

and signed by each such witness, and shall accompany the Registrar’s report to the Court.

22. Costs at the rate of 2d. for every folio of seventy-two words for all copies of petitions, notices, accounts, and affidavits required by these rules to be served by the petitioners, and all Court fees in connection with proceedings under these rules, shall be allowed to the petitioners out of the assets of the deceased person if any sum is allowed to them by the Court under their petition as commission or percentage out of the assets of the deceased person, but otherwise no costs of or in connection with any such petition shall be allowed to the petitioners except in special circumstances and by special order of the Court.

23. The forms contained in the Schedule hereto are obligatory, and shall be varied only in so far as the exigencies of the particular case may require.

24. The Court or a Judge thereof, upon motion made before or after the filing of the petition, and upon sufficient grounds, may by order dispense with the observance of all or any of the foregoing rules. Such motion, if made before the filing of the petition, may in the first instance be made ex parte, but the Court or Judge may require notice thereof to be given to such person or persons and in such manner as the Court or Judge shall direct.

THE SCHEDULE REFERRED TO BY THE FOREGOING RULES.

Form No. 1.

In the Supreme Court of New Zealand,
District.

In the matter of the Administration Act, 1908; and in the estate of A. B., late of , in the Dominion of New Zealand, deceased.

To the Honourable the Supreme Court of New Zealand.

THE petition of , of , in the Dominion of New Zealand, (and , of .) showeth as follows:—

A. B., late of , in the Dominion of New Zealand, died on or about the day of , 191 , having previously duly made and executed his last will and testament dated the day of , 191 , whereby he appointed your petitioners to be the executors [and trustees] thereof. Probate of the said will was granted to your petitioners by this Honourable Court at [Auckland, or as the case may be] on the day of , 191 . A copy of the will of the said A. B., duly verified by affidavit, is filed with this petition.

Or, as the case may be.

(I.)

A. B., late of , in the Dominion of New Zealand, died on or about the day of , 191 , intestate. Letters of administration of the estate and effects of the said A. B., deceased, were granted to your petitioners by this Honourable Court at [Auckland, or as the case may be] on the day of , 191 .

(a.) The estate of the said , deceased, is sufficient to discharge all the debts, charges, and funeral and testamentary expenses of the said , deceased, and the legacies and specific devises and bequests in his said will contained, and to leave a residue subject to the residuary gift in his said will contained estimated to be of the value of £ , or thereabouts.

(b.) Your petitioners are advised and believe that the only persons who are or may be affected by this their petition are the persons entitled to the residuary estate of the said , deceased.

(c.) The persons whose names, postal addresses, and occupations are as follows are the only persons entitled under the will of the said , deceased, to any share or interest in his residuary estate, that is to say:—

(1.) [Thomas Smith], who is of full age, and is a [baker], of [No. 20 Harris Street, Wellington].

(2.) [John Jones], who is an infant [twenty years of age, and a painter’s apprentice]. The postal address of the same [John Jones] is [care of William Robinson, Painter, 50 Salamanca Road, Auckland]. The parents of the said [John Jones] are [Robert Jones, whose postal address is No. 50 Queen Street, Masterton, Gardener] and [Susan Jones, his wife], whose postal address is [the same as her husband’s].

Or, as the case may be.

(II.)

The next-of-kin of the said A. B., deceased, intestate, and the only persons entitled to participate in the distribution of his estate, are the persons whose names, occupations, and postal addresses are as follows, that is to say:—

(1.) [Matilda Brown], his widow, whose postal address is .

(2.) [Jano Brown], daughter of the said deceased and of his widow [Matilda Brown], who is an infant [ten] years of age, and who resides with the said [Matilda Brown].

(3.) [Thomas Brown], who is a son of the said deceased, by his first marriage with [Sarah Brown], deceased, who is of full age, and is [a grocer], and whose postal address is [No. 70 George Street, Dunedin].

(4.) Your petitioner [Joseph Brown], who is a son of the deceased , and of [Susan Brown, deceased], his [first] wife.

(III.)

Your petitioners have duly administered the estate of the said deceased , as appears by the statement in writing and accounts filed with this their petition and the several affidavits verifying the same.

(IV.)

Your petitioners have not, nor has either or any of them, nor has any partner, relative, or servant of your petitioners, or either or any of them, either directly or indirectly derived any profit, benefit, or advantage from or in connection with the realization or administration of the estate of the said deceased [or if any such profit, benefit, or advantage has been derived as above mentioned, add the following words, and set out in detail the particulars thereof], save and except the following, that is to say:

(V.)

[Here set out such facts as the petitioners may desire to bring under the notice of the Court under Rule 7 of the above rules. This paragraph may be omitted if the petitioners do not desire to set out any such facts.]

Your petitioners pray that this Honourable Court will, out of the assets of the said deceased , allow to them in passing their accounts such commission or percentage not exceeding £5 per centum for their pains and trouble as is just and reasonable. And your petitioners submit to this Honourable Court that it is just and reasonable that the commission or percentage so allowed to them should be the sum of £ , made up as follows, that is to say, in respect of the following items as numbered in your petitioners’ said statement in writing and accounts, the sums hereinafter mentioned:—

Item No. 1. Commission at the rate of £ £ s. d.
per centum on £ .. .. ..
[And so on, numbering the items as numbered in the accounts] .. .. ..

Total .. .. .. £

And your petitioners will ever pray, &c.

NOTE.—In any case in which an executor, administrator, or trustee, by reason of the circumstance that the final distribution of the estate and funds is necessarily postponed to a distant date, or that the executors or administrators and the trustees are not or may not be the same persons, or for any other valid reason, considers himself entitled to an interim order for remuneration in respect of the capital of the estate, he must add such allegations to his petition as will fully set out the facts and circumstances on which he relies, so as to enable the Court to determine whether it has jurisdiction to make such an order, and whether there are grounds for making it.

Form No. 2.

In the Supreme Court of New Zealand,
District.

In the matter of the Administration Act, 1908, section 20; and in the estate of , deceased.

(Rule 4.)

STATEMENT in writing and accounts required by the rules regulating the practice on the allowance of commission under the above-mentioned Act:—

PART I.

(1.) The testator’s estate consisted of the following items, the respective values whereof, as certified by the Commissioner of Stamps for the purposes of the Death Duties Act, 1908, were as follows, that is to say:—

[Here set out the items in the words of and as they appear in the statement filed with and certified by the Commissioner of Stamps, and numbering them consecutively.]

(2.) The items numbered respectively in paragraph 1 have been realized by the petitioners in manner following, that is to say:—

[Here set out the mode of realization—e.g., Sale by auction, sale by private contract, &c.]