CHAPTER XVIII. SURROGATES' COURTS, AND PROCEEDINGS THEREIN. TITLE I. ORGANIZATION, JURISDICTION, AND POWERS OF THE COURT. DUTIES, TITLE POWERS, AND DISABILITIES OF THE OF SURROGATE, AND THE OFFICERS THE COURT. MISCELLANEOUS PRO- II.-PROVISIONS RELATING GENERALLY TO THE PROCEEDINGS IN SURROGATES' TITLE IV.-PROCEEDINGS BY OR AGAINST AN EX TITLE ECUTOR OR ADMINISTRATOR, TOUCHING THE ADMINISTRATION AND SETTLE V.-DISPOSITION OF THE DECEDENT'S REAL PROPERTY, FOR THE PAYMENT OP DEBTS AND FUNERAL EXPENSES. DISTRIBUTION OF THE PROCEEDS. TITLE VII.-PROVISIONS RELATING TO A GUARDIAN. TITLE I. Organization, jurisdiction, and powers of the court. Duties, powers, and disabilities of the surrogate, and the officers of the court. Miscellaneous provisions. ARTICLE 1. Jurisdiction of the court, and authority of the surrogate. 2. General duties and disabilities of the surrogate, or temporary surrogate. 3. Clerks; stenographers; miscellaneous provisions. ARTICLE FIRST. JURISDICTION OF THE COURT, AND AUTHORITY OF THE SURROGATE. SEC. 2472. General jurisdiction of surrogate's court. 2473. Presumption of jurisdiction. 2474. Jurisdiction not lost by defect in record. 2475. Effect of exercise of jurisdiction. 2476. Exclusive jurisdiction. 2477. Concurrent jurisdiction of two or more surrogates. 2478. Jurisdiction, how affected by locality of debts. 2479. Jurisdiction in new or altered county. 2480. Id.; transfer of proceedings to proper county. 2482. This chapter applicable to previous wills, etc. § 2472. General jurisdiction of surrogate's court.Each surrogate must hold, within his county, a court, which has, in addition to the powers conferred upon it, or upon the surrogate, by special provision of law, ju risdiction, as follows: 1. To take the proof of wills; to admit wills to probate; to revoke the probate thereof; and to take and revoke probate of heirship. 2. To grant and revoke letters testamentary and let ters of administration, and to appoint a successor in place of a person whose letters have been revoked. 3. To direct and control the conduct, and settle the accounts, of executors, administrators, and testamentary trustees; to remove testamentary trustees, and to ap. point a successor in place of a testamentary trustee so removed. 4. To enforce the payment of debts and legacies; the distribution of the estates of decedents; and the payment or delivery, by executors, administrators, and tes tamentary trustees, of money or other property in their possession, belonging to the estate. 5. To direct the disposition of real property, and interests in real property, of decedents, for the payment of their debts and funeral expenses, and the disposition of the proceeds thereof. 6. To administer justice, in all matters relating to the affairs of decedents, according to the provisions of the statutes relating thereto. 7. To appoint and remove guardians for infants; to compel the payment and delivery by them of money or other property belonging to their wards; and, in the cases specially prescribed by law, to direct and control their conduct, and settle their accounts. This jurisdiction must be exercised in the cases, and in the manner, prescribed by statute. 2 R. S. 220, 21 (2 Edm, 229). Bevan v. Cooper, 72 N. Y. 316, 328; see, also, L. 1874, ch. 267 (9 Edm. 884); Morgan v. Hannas, 13 Abb. N.S.361; Bricks' Estate, 15 Abb. Pr. 12, 31, 32; Pew v. Hastings, 1 Barb. Ch. 452; Sipperly v. Baucus, 24 N. Y. 46; Dobker. McClaran, 41 Barb. 491; Campbell v. Thatcher, 54 id. 382; Kyle v. Kyle, 3 Hun, 458; Kohler v. Knapp, 1 Bradf. 241; Hartnett e. Wandell, 60 N. Y. 346; 16 Abb. N. S. 383; Matter of Latson, 1 Duer, 696; Everts e. Everts, 62 Barb, 577; Tucker v. Tucker, 4 Keyes, 136; Matter of Harstrom, 7 Abb. N. C. 391; Dubois v. Sands, 43 Barb. 412; People v. Corlies, 1 Sandf, 228; Curtis . Stilwell, 32 Barb. 354; Ruthven e. Patten, 1 Rob. 416; s. c., 2 Abb. Pr. N. S. 121; Gottsberger v. Smith, 2 Bradf. 86; Cooper v. Felter, 6 Lans. 485; Kidd v. Chapman, 2 Barb. Ch. 414; Marston v. Paulding, 10 Paige, 40; Ex parte Parker, i Barb. Ch. 154; Bear v. Irwin, 10 Wend. 411; McFrail v. Crawfords, 12 id. 533; Farrington v. King, 1 Bradf. 182; Jenkins v. Robinson, 1 Wend. 436; Van Nostrand v. Wright, Lalor, 260: Corwin e. Merritt, 3 Barb. 311; People v. Hartman, 2 Sweeny, 576; Holmes v. Smith, 3 Hun, 413; Rugbee v. Surrogate of Yates, 2 Cow, 471; Goodrich v. Pendleton, 4 Johns. Ch. 519; Vreeland v. McClelland, 1 Bradf. 393; James v. Adams, 22 How. Pr. 409; Bolton v. Jacks, 6 Rob. 166; Mead v. Mead, 18 Barb. 578; Summerville's Estate, 1_Tuck. 76; Brown v. Lynch, 2 Bradf. 214; Hughes' Estate, 1 Tuck. 38; Dutton v. Dutton, 8 How. Pr. 99; Seaman v. Duryea, 11 N. Y. 234; De Guerie v. Bonfanti, 19 Law Rep. 681; Farnsworth v. Oliphant, 19 Barb. 30; Ex parte Bartlett, 4 Bradf. 221; Banks r. Taylor, 10 Abb. Pr. 199; O'Neil's Estate, 1 Tuck. 36; People v. Wamsley, 15 Abb. Pr. 323; Seymour v. Seymour, 4 Johns. Ch. 409: Foster v. Wil ber, 1 Paige, 537: Lawrence's Estate, 1 Tuck.68; Stagg v.Jackson, 2 Barb. Ch. 86; s. C., 1 N. Y. 206; Bloodgood v. Brusen, 2 Bradf. 8; Clark v. Clark, 3 id. 32; Graham v. DeWitt, id. 186: McSorley v. Leary, 4 Sandf. Ch. 414 and 442; Ex parte Vandervoort, 1 Redf.270; Vulte v. Martin, 44 How. Pr. 18; Montrose r. Wheeler, 4 Lans. 99; Ex parte Jones, 1 Redf. 263; Magee v. Veeder, 6 Barb. 352; Disosway v. Bank of Washington, 24 id. 60; Andrews v. Wallace, 17 How. Pr. 263; People v. Waldron, 52 id. 221; Beers v. Shannon, 73 N. Y. 292; Curran v. Sears, 2 Redf, 526; Currin v. Fanning, 13 Hun, 458; Casoni v. Jerome, 58 N. Y. 315; Savage v. Olmstead, 2 Redf. 478; Furniss v. Furniss, id. 497; Brown's Accounting, 16 Abb. Pr. N. S. 457; Carman v. Cowles, 2 Redf. 419; Gerould v. Wilson, 16 Hun, 530; Ex parte Adams, 2 Redf. 66; Boughton v. Flint, 74 N.Y, 476; Shakespeare v. Markham, 10 Hun, 311; 72 N. Y., 400; Stevens v. Stevens, 2 Redf. 265; Bevan v. Cooper, 72 N. Y. 317; Stilwell 2. Carpenter, 2 Abb. N. C. 238; Hitchcock v. Marshall, 2 Redf. 174; Stilwell v. Carpenter, 30 N. Y. 414; Hopkins v. Van Valkenburgh, 16 Hun, 3; Ex parte Hosford, 2 Redf. 168; Ex parte Flood, 16 Abb. Pr. N. S. 407; Kyle v. Kyle, 67 N. Y. 400; s. c., 3 Hun, 958. Where the 2473. Presumption of jurisdiction. jurisdiction of a surrogate's court to make, in a case specified in the last section, a decree or other determination, is drawn in question collaterally, and the necessary parties were duly cited or appeared, the jurisdic.. tion is presumptively, and, in the absence of fraud or collusion, conclusively, established, by an allegation of the jurisdictional facts, contained in a written petition or answer, duly verified, used in the surrogate's court. The fact that the parties were duly cited is presumptively proved, by a recital to that effect in the decree. New in form; L. 1870, ch. 359, 21. Bolton v. Jacks, 6 Rob. 166; Bumpstead v. Read, 31 Barb. 661; Beers v. Shannon, 12 Hun, 161, reversed on other grounds, 73 N. Y. 292; Wetmore v. Parker, 7 Lans. 121; s. c., 52 N. Y. 450; Sibly v. Waffle, 16 id. 180; Wetmore v. Parker, 52 id. 450 Farley v. McConnell, id. 630; Welsh v. N. Y. C. & H. R. R. R. Co., 53 id. 610; Matter of Harvey, 3 Redf. 214; Bearns v. Gould, 77 N. Y. 455; Roderigas v. East River Sav. Inst., 63 id. 460. § 2474. Jurisdiction not lost by defect in record. The surrogate's court obtains jurisdiction in every case, by the existence of the jurisdictional facts prescribed by statute, and by the citation or appearance of the nec essary parties. An objection to a decree or other determination, founded upon an omission therein, or in the papers upon which it was founded, of the recital or proof of any fact necessary to jurisdiction, which actually existed, or the failure to take any intermediate proceeding, required by law to be taken, is available only upon appeal. But, for the better protection of any party, or other person interested, the surrogate's court may, in its discretion, allow such a defect to be supplied by amendment. New in form; L. 1869, ch. 260, 1 (7 Edm. 433); L. 1870, ch. 359, 1, and L. 1872, ch. 92 (9 Edm. 327). Bloom v. Burdick, 1 Hill, 130; Flinn v. Chase, 4 Den. 85; James v. Adams, 22 How. Pr. 409; Lawrence v. Par sons, 27 id, 26; Pumpelly v. Tinkham, 23 Barb. 321; Sheldon v. Wright, 5 N. Y. 497; S. c., 7 Barb. 39; Van Deusen v. Sweet, 51 N. Y. 378; Matter of Harvey, 3 Redf. 214; Bearns v. Gould, 77 N. Y. 455; Harrison v. Clarke, 20 Hun, 401; Jackson v. Robinson, 4 Wend. 436; Thayer v. Clark, 4 Abb. Ch. 391; Field v. Van Cott, 15 Abb. N. S. 349; Corwin v. Merritt, 3 Barb. 341; Brick v. Brick, 66 N. Y. 144. § 2475. Effect of exercise of jurisdiction.-Jurisdic tion, once duly exercised over any matter, by a surro: gate's court, excludes the subsequent exercise of jurisdiction by another surrogate's court, over the same matter, and all its incidents, except as otherwise spe cially prescribed by law. Where a guardian has been duly appointed by, or letters testamentary or of admin. istration have been duly issued from, or any other special proceeding has been duly commenced in, a surrogate's court having jurisdiction, all further proceedings, to be taken in a surrogate's court, with respect to the same estate or matter, must be taken in the same court. 2 R. S. 222, 12 (2 Edm. 232); 2 R. S. 61, 28 (2 Edm. 61); 2 R. S. 117, 24 (2 Edm. 121). People v. Wamsley, 15 Abb. Pr. 323; Brick v. Brick, 66 N. Y. 144; People v. Pelham, 14 Wend. 48; Dakin v. Demming, 6 Paige, 95; Tucker v. Tucker, 4 Keyes, 136. 2476. Exclusive jurisdiction. The surrogate's court of each county has jurisdiction, exclusive of every other surrogate's court, to take the proof of a will, and to grant letters testamentary thereupon, or to grant letters of administration, as the case requires, in either of the following cases: 1. Where the decedent was, at the time of his death, a resident of that county, whether his death happened there or elsewhere. 2. Where the decedent, not being a resident of the State, died within that county, leaving personal prop erty within the State, or leaving personal property which has, since his death, come into the State, and remains unadministered. 3. Where the decedent, not being a resident of the State, died without the State, leaving personal property within that county, and no other; or leaving personal property which has, since his death, come into that county, and no other, and remains unadministered. 4. Where the decedent was not, at the time of his death, a resident of the State, and a petition for probate of his will, or for a grant of letters of administration, under subdivision second or third of this section, has not been filed in any surrogate's court; but real property of the decedent, to which the will relates, or which is subject to disposition under title fifth of this chapter, is situated within that county, and no other. 2 R. S. 73, 23 (2 Edm. 75); L. 1837, ch. 460, ? 1 (4 Edm. 486). Glesen v. Bridgford, 18 Hun, 73; Ryall v. Kennedy, 67 N.Y. 379; Kohler v. Knapp 1 Bradf. 241; Graham v. Public Administrator, 4 id. 127; Isham v. Gib bons, lid. 69; Bartlett v. City of New York, 5 Sandf.44: Haggart v. Morgan, 5 N. Y. 422; Parsons v. Lyman, 20 id. 103; s. c., 18 How. 193: Sedgwick v. Ashburner, 1 Bradf. 105; Gulick v. Gulick, 21 How. 22; s. c.. 33 Barb |