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that I am retained as attorney for him therein, and demand that all papers in this proceeding be served on me at my office, No.

street, in the city of [Date, signature, and addresses as in last Form.]

etc.; and I

FORM No. 203.

‘Answer to original petition.49 [Title of court and proceeding.]

I, the undersigned, Y. Z., appearing by M. N., my attorney, and (separately] answering the petition of A. B. in the above entitled matter,

I. Deny (as in a pleading].

II. As to the allegation in said petition that [etc.], I have no knowledge or information sufficient to form a belief (and therefore deny the same.] 50

III. [State any new matter desired.]

IV. I object and allege that the court did not have jurisdiction to make the order herein, dated

19 object and allege that the said petition [does not conform to the statute in the following particulars, stating them).

V. I annex hereto, marked “A” and “B” respectively, the will of said O. P., and the judgment referred to in said petition, and make them a part of this my answer herein.

WHEREFORE, I demand that the said petition and the proceedings thereon be dismissed with costs. [Date.]

[Signature.] [Verification as in Form No. 193, p. 326 (above), substituting answer for petition, etc.]

FORM No. 204. The same; another form, where the proceedings are merely to adjudicate the

effect of admitted facts. [Title of court and proceeding.]

Y. Z. [appearing herein by 0. P., his attorney, and] answering the petition of A. B., in the above entitled matter admits the facts herein stated to be true, and claims that he is entitled [here state the relief asked for, if any.]

19 See paragraph 21, p. 317 (above).

50 This bracketed clause, which is superfluous in a pleading under the

Code, ought to be inserted in such a denial in an answer to an original petition.

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WHEREFORE, the said Y. Z. prays for an order that [state it], and for such or further relief as may be just [and for his costs of this proceeding).

[Signature and verification as in last Form.]

FORM No. 205.

Answer51 (and appearance) submitting rights to the court. [Title of court and proceeding. ]

M. T. L. hereby appears in the above entitled proceeding by the undersigned as her attorney, and submits her rights therein to the protection of this court. [Date.]

[Signature.]

FORM No. 206. Urder den ying original petition without prejudice to an action, or with leave

to sue.52 At a Special Term [etc., as in Form No. 94,

p. 255].

[Title of proceeding.]

On reading and filing the petition of T. A. D., dated the day of

19 , and [here recite proceedings had; see Forms on pp. 170, 171), and after hearing D. T. W., of counsel for the petitioner, and S. R., of counsel for , in opposition, and due deliberation having been had thereon: Now, on motion of S. & W., attorneys for

ORDERED, that said petition be, and the same hereby is, denied (without costs] [on the ground of — stating it, if desired53] and without prejudice to any action that may be brought by the petitioner in which he may seek the same relief demanded in said petition or any part thereof (or, with leave to said petitioner to bring such action as he may be advised against said ].

[Date, signature, etc., as in Form No. 108, p. 265 (above). ]

51 See paragraph 21, at page 317 (above).

52 See paragraph 45, p. 232. 53 See p. 229 of this volume. In Smith 1. Whitney, 116 U. S. 167, the court said: “The judgment, as recorded. although it contains a statement of the courts 'opinion that it has no jurisdiction of the matter complained of,' is a general judgment dismissing the petition,

with costs, which could not have been
awarded upon a judgment of dismis-
sal for want of jurisdiction. (Mayor
V. Cooper, 6 Wall. 247; Elk 2. Wil-
kins, 112 U. S., 94, 98.) The writ of
error brings in question the judg.
ment, not the opinion, of the court
below. If the petition was rightly
dismissed for any reason,
the judgment must be affirmed.”

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FORM No. 207. Order referring original petition, directing stating of account, and requiring notice to stranger, and him permitting to intervene at his option.

At a Special Term [etc., as in Form No. 94,

p. 255).

19

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[7'itle of proceediny.]

This matter coming on to be heard upon the petition of the above named E. T. G., Gated the day of

and the order to show cause granted thereon by Mr. Justice J. A. B., dated on said day, and returnable on the day of 19 , and on proof of the due and timely service of said order to show cause, together with a copy of the said petition, upon the said [naming persons], and upon the answer to said petition of R. G. and O. G., dated the

, 19, or other recitals];

And after hearing Mr. G. G. D., of counsel for said petitioner ; Mr. G. G. K., of counsel for the said R. G. and 0. G., as individuals; Mr. J. B. P., of counsel for H. G. G., and Mr. A. M., of counsel for E. T. G., as one of the trustees of J. B. G., de ceased :

day of

ORDERED—I. That it he referred to W. H. D., of the city of

counselor-at-law, as sole referee, to take proof of the facts alleged in the said petition, and [to make, take, and state the accounts and proceedings of the said E. T. G., as such trustee, and to ascertain and report the amount of commissions due the said petitioner as such trustee].

II. That the said referee report to this court, with all convenient speed, upon the matters referred to him by this order, and, upon the coming in of the said referee's report, this matter be brought on for further hearing, and such further order and decree may be made as to the court shall seem just and proper.

[III. That M. N. be given days' notice of the hearing on said reference, and be permitted to appear and be heard therenipon and make himself a party to these proceedings, if he so elect.]

[Date, signature, etc., as in Form No. 108, p. 265, (above).] For Proceedings on the Reference, see Forms under REFER

ENCES AND ISSUES.]

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FORM No. 208. Notice of settlement of order or decree upon determination of original pe

tition. (Title of court and proceeding.]

Please take notice that a proposed order [or, decree] of which the annexed is a copy, will be presented for settlement to Mr. Justice S. G., at his ehambers at the [County Court House] in the [Borough of Manhattan), on the

day of

19 at

o'clock in the noon of that day. [Date.]

[Signature and address of],

Attorney for To [address of],

Attorney for

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FORM No. 209.

Affidavit to disbursements in proceedings on original petition.54 [Title of court and proceeding.] [Venue.]

L. M. N., of said city, being duly sworn, says:

I am one of the firm of M. & N., who are the attorneys of A. B., tinstee, upon his accounting herein. The following disboursements have been actually made or incurred herein on the part of said A. B., except those hereafter necessarily to be ineurred, and these deponent believes to be correctly stated; that the services for which fees are charged as incurred were necessarily performed; and no charge for a copy of a document is made herein except for such as were actually and necessarily used or necessarily obtained for use: Certified copy order

$ 10 Ailidavits.

84 Lithographing referee's report

16 08 Referee's fees.

175 00
Lithographing order to show cause why ref-

eree's report should not be confirmed.... 1 31
Engrossing deeds to purchaser of trust prop-
erty ..

2 35
Acknowledgments

3 75 Stenographer on closing sale

3 50 Copying

3 04

“ trustee's

14 Disbursemenis, not taxable under statute, are allowable as

costs."

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Cancelling lis pendens and certified copy order $
Printing proposed decree.
Clerk's fees on filing decree

60 20 70 1 00 2 50 1 00

Certified copy

Clerk's trial fee

Total. [Jurat.]

.$231 67 [Signature.]

FORM No. 210. Affidavit by counsel for trustees to his services, and their value. [Title of court and proceeding. ]

M. N., being duly sworn, says:

I. That he is an attorney and counselor-at-law, and a member of the firm of M. & N.

II. That on or about 19 , he was retained as counsel for A. B., the trustee of the estate of H. J., to defend an action brought by M. B.; that deponent prepared and caused to be served an answer for said trustee and attended generally to said suit on his behalf. That said cause was placed on the calendar for trial, and preparation for same was made by deponent, but the plaintiff finally discontinued same before trial.

III. That, with the exception of the sum of dollars, paid on account, the said trustee has never paid any other sum to de ponent or his firm, on account of the services so rendered.

IV. That deponent verily believes that the charge made in the annexed bill, viz., $ is a reasonable and a proper charge for the services rendered to the said trustee in the said suit.

V. During the past ten years deponent has been, at various times, consulted by said trustee, and has advised him with reference to his duties in discharging his trust; that also annexed hereto is an itemized statement showing the nature and character of such services; that deponent has never received any compensation therefor, and that in his judgment the charge of $ for such services, is a reasonable one. [Jurat.]

[Signature.] [Bills of items annexed.]

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