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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868 edition. Excerpt: ...at this stage of the proceedings. See Page 87. If the Heir at Law, or person interested in real Estate, be already before the Court as next of kin or otherwise, a Summons may be extracted to show cause why he should not also appear as Heir at Law, or as interested in real Estate (as the case may be). The Court may be moved to appoint an Administrator pendente lite, or a Receiver of real Estate at this or a subsequent period of the proceedings. An Inventory may be required at this or a future time during the proceedings. "In contentious business Inventories and not merely declarations of the personal estate and effects of the deceased, are to be filed, unless by order of the Judge or of a Registrar." Rule 76. The fee for filing an Inventory is 5s. A Summons may at any time be taken out to show cause why Security for Costs should not be given. Application by Motion or Summons may now or hereafter be made for leave to intervene. These are incidental proceedings in a Testamentary Cause. Leaving them, the ordinary proceedings are as follows. DECLARATIOK After Affidavits of Scripts have been filed the next step commonly taken in a Testamentary Cause is to file the Declaration. It is sometimes filed before the Affidavits of Scripts are filed. By Rule 34, the party whose duty it is to file the Declaration cannot be compelled to file it until after the other party has filed his Affidavit of Scripts. "In ordinary cases it belongs to the Plaintiff to deliver the Declaration, and to the Defendant to deliver the Plea, but the party propounding the alleged last Will and Testament of the deceased shall, in all cases, even if Defendant in the Suit deliver the Declaration, and the party opposing the same deliver the Plea. Eule 33. "The...