(Address and Introduction.)

1. That on or about the....................day of....................19....., this plaintiff entered into a written contract during the lifetime of one A. B., then being the owner of his own right in fee simple of that certain piece or parcel of land (here describe it), for the sale of said land to this plaintiff upon the following terms and conditions: (Here set forth the essential terms of the contract, especially the provisions of the contract which have been violated by the defendant), a true copy of which contract is hereto attached, marked Exhibit "A" and made a part hereof.

2. That this plaintiff has fully performed his part of the said agreement up to the time of the death of the said A. B. and has duly paid the taxes assessed on the said land and on every part thereof and (state such items of performance by plaintiff as are material).

3. That after the making of the said agreement and on or about the day...................day of...................., 19......, the said

A. B. died intestate and that during his lifetime, he, the said A. B., never made any conveyance of the said land or any part thereof to this plaintiff and died seized thereof, and that the said A. B. left a widow, C. D., and two children, viz.: E. F. and L. H., all of whom are minors under the age of twenty-one years, and who are the only heirs of the said A. B., and that

S. K. of....................has been by the Probate Court of the county of...................., duly appointed administrator of the estate of the said A. B., deceased, but no person as yet has been appointed guardian of the said minor children, as appears by the records and files of the said Probate Court, whereto reference is prayed.

4. That this plaintiff is desirous of obtaining a conveyance of the said lands and real estate pursuant to the terms of said agreement between himself and the said A. B., deceased, and is ready and willing and hereby offers to pay for the same the full amount of the purchase money now remaining unpaid thereon, with all accrued interest, as provided in the said agreement.

5. That he has made application to the said C. D., the widow of the said A. B., deceased, and has ascertained that she is willing to release her right of dower in the said land and premises upon having paid to her an amount equal to the present value of her said right of dower. But by reason that the said A. B. died intestate and his heirs aforesaid are not of full age, there is no person who has legal authority to execute a deed whereby to convey the said land and premises in full to this plaintiff.

WHEREFORE, Plaintiff prays: (If answer under oath is desired so state.)35

I. That the said defendants may be decreed to specifically perform the said agreement entered into as aforesaid between the said A. B. and this plaintiff.

II. That an account may be taken of the amount due and owing by this plaintiff upon the said agreement, and that this plaintiff have leave to bring the amount so found to be owing by him into this court and deposit the same with the register of this court, to be paid to the said defendants in such manner as this court shall by its decree direct.

III. That upon depositing the amount so found to be due as aforesaid with the register of this court, this plaintiff be decreed to be the owner of the said land and premises in his own right, in fee simple, in the same manner as if the same had been conveyed to him by the said A. B. in his lifetime,

35. In case answer under oath is not specifically requested it will be deemed waived. World Mfg.

Co. v. Kent Circuit Judge, 115 Mich. 652; Chancery Rule 25.

in the manner provided in the said agreement, and that this plaintiff have leave to cause such decree to be recorded in the office of the register of deeds of the county of...................., as a conveyance to him of the said land and premises.

IV. And that this plaintiff may have such further or such other relief in the premises as shall be agreeable to equity and good conscience.

And the plaintiff will ever pray, etc.

(Signature of Plaintiff.) (Signature of Counsel.)