Filed with Probate

 

FILED To the Probate court,

ADMIT, I am exercising my right to advantageously, as a preliminary step to the institution of a suit, for the recovery of property fraudulently withheld from the estate.

The statute provides that," Upon complaint made to the probate court by an executor,or the one returning from beyond the seas. administrator, heir, legatee, creditor, or other person interested in the estate of a person deceased, against any person suspected of having fraudulently re-received, concealed, embezzled, or conveyed away, any money, goods, effects, or other estate, real or personal, of the deceased, the court may cite such suspected per-son, though he is executor or administrator, to appearand be examined on oath, upon the matter of the com-plaint. If the person so cited refuses to appear and submit to examination, or to answer such interrogatories as are lawfully propounded to him, the court may com-mit him to the jail, there to remain in close custody until he submits to the order of the court.^ The inter-rogatories and answers shall be in writing, signed by th party examined, and filed in the probate court."

Like proceedings may be had upon complaint of a guardian, ward, creditor, or other person interested in the estate of a ward, or having claims thereto in expect-ency as heir or otherwise, against any one suspected of having fraudulently concealed, embezzled, or conveyed away any of the estate of the ward. The suspected per-son may be cited, though he is the guardian.

Certifeed Mail #

YOUR ANSWER (circle one): Admit/Deny

CLARIFICATION:____________________________________________________

The authority given to the probate court by the above provisions extends only to an examination for the pur-pose of discovery. No other power is given. The ex-amination is not to be controlled by other evidence