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Letters of
Administration COMES NOW the
plaintiff by the undersigned attorney, and unto this Honorable Court,
respectfully alleges: 1. That plaintiff is of age, married/single, and resident of ___________________; 2. That he is the legitimate son of deceased ___________________ who died intestate in the municipality of _______________________ on ___________________; 3. That the deceased ___________________ left the following legal heirs to wit , ___________________, husband, of legal age, and resident of _____________________ ; ____________________, daughter, of legal age and resident of ___________________, ___________________ daughter, a minor of 16 years of age, and residing at ___________________; etc., etc. 4. That the deceased ______________ , during her marriage with the above-named ____________________, acquired real and personal property, particularly described as follows, to wit ________________________: 5. That the surviving husband ___________________, even during the lifetime of his legitimate wife or the deceased ______________________, had been maintaining marital relations with another woman with whom he has at present several children; 6. That the surviving husband, _________________, since the death of his wife, _______________________ , had not made any settlement, judicial or extrajudicial, of the property of his deceased wife _______________________; 7. That, on the contrary, the said surviving husband _____________________ , continued to manage and control the property left by the deceased wife, _______________________, to his own benefit and advantage, to the exclusion of the legal rights of the above-named heirs, some of whom are already of age, married, and heads of families; 8. That the petitioner herein, as one of the legal heirs of the deceased _________________, had on several occasions, requested of his father, to make a settlement and liquidation of the estate left by the said deceased __________________, and to deliver to all the legal heirs what is due to each and every one of them, but the said _____________________________ refused to do so, without any justifiable reason; 9. That the said__________________ is managing and controlling the estate of the deceased _________________________ to his own advantage and to the advantage and benefit of his illegitimate wife and ;illegitimate children, and to the damage and prejudice of the herein petitioner and his co-heirs, that unless another administrator is appointed by this Honorable Court, the property sought herein to be divided and which was left by the deceased____________________________ at the time of her death will likely diminish, if not entirely perish; 10. That your petitioner, as the eldest son of deceased ___________________ is competent and willing to act as such administrator of the estate of the deceased; 11. That for the protection of the rights and interests of the minor children _________________, a guardian ad litem be appointed by this Honorable Court, for the purposes of these proceedings; 12. That your petitioner is also competent and willing to act as such guardian ad litem for minors ______________. WHEREFORE, in view of all the foregoing, it is respectfully prayed: (a) That after due hearing, letters of administration be issued to the herein petitioner ____________________for the administration of the estate of the deceased _______________________ , upon the giving of a bond in such reasonable sum as this Honorable Court may fix; (b) That
petitioner, ______________________ , be appointed guardian ad litem for minors _______________________, for purposes of these proceedings; (c) That after all the property of the deceased _______________________ have been inventoried and expenses and just debts, if any, have been paid and the legal heirs of the deceased fully determined, that the said estate of___________________________ ____________________ be settled and distributed among the legal heirs of ____________________________, all in accordance with law; (d) That such
other remedies based on law and equity be granted the petitioner. _______________________________________ |