This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1902. Not illustrated. Excerpt: ... FORM NO. 361. PETITION OF EXECUTOR, ADMINISTRATOR, OR GUARDIAN TO MORTGAGE REAL ESTATE. Title of Proceeding. A B petitions the court and alleges: That your petitioner is the executor of the will or the administrator of the estate of C D, deceased, or the guardian of the person and estate of C D, a minor, or an incompetent person; and that letters testamentary, or of administration or of guardianship, were granted by this court to your petitioner, and were issued to him, as such executor or administrator or guardian, on the--day of;and that such letters have not been revoked; That your petitioner proposes, if authorized so to do by this court, to execute as such executor, or administrator or guardian, a note or notes, and for the purpose of securing the payment of the same to mortgage real estate, the property of the estate of C D, deceased, or the real estate of C D, his said ward; and the purpose for which he proposes to do this is to raise money thereby for the purpose of paying a mortgage which was given to secure the payment of the sum of dollars, and) which is now a lien upon real property of the estate of said decedent, or on the real estate of said ward; and that said mortgage is now due, and that E F, who is the owner and holder of said mortgage threatens to foreclose the same, unless said mortgage be paid, and will by such foreclosure proceedings when commenced, cause great loss to the estate of said decedent or to the estate of your petitioner's said ward: and that your petitioner has no funds of the estate of said decedent or of your petitioner's said ward, with which to pay said mortgage; or state any other purpose for which it is proposed to make such note and mortgage; And that your petitioner proposes to use the funds which may be raised by ...
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