allegations regarding debts and security as required in subdivision one of this section, and praying for ancillary letters of guardianship on the personal estate of such infant. The petition must be accompanied with the exemplified copies of the records and other papers showing the appointment of such foreign guardian, or where such foreign guardian has not been appointed by any court, with other proof of his authority to act as such guardian within such foreign country, and also with proof that pursuant to the laws of such foreign country, such foreign guardian is entitled to the possession of the ward's personal estate. Exemplified copies of the records, where used pursuant to this subdivision, must be authenticated by the seal of the court, or officer, by which or by whom such foreign guardian was appointed, or the officer having the custody of the seal or of the record thereof, and the signature of a judge of such court, or the signature of such officer and of the clerk of such court or officer, if any; and must be further authenticated by the certificate, under the principal seal of the department of foreign affairs, or the department of justice of such country, attested by the signature or seal of a United States consul. Such petition and authenticated records and papers shall be conclusive evidence of the facts therein set forth in any court of this state. Former § 2838 of this Code. From L. 1870, c. 59, § 1; L. 1875, c. 442; L. 1889, c. 263; L. 1892, c. 576; L. 1897, c. 492; L. 1909, c. 65. § 2655. Proceedings thereupon. Where the surrogate is satisfied upon the papers presented, as prescribed in the last section, that the case is within that section, and that it will be for the ward's interest that ancillary letters of guardianship should be issued to the petitioner, he may make a decree granting ancillary letters accordingly. Such a decree may be made without a citation, or a citation may issue to such persons as the surrogate thinks proper, to show cause why the prayer of the petition should not be granted. But before the ancillary letters are issued, the surrogate must direct that any debts appearing to be due or owing from the infant to residents of this state be paid or security given therefor. Former § 2839 of this Code. From L. 1870, c. 59, § 1; L. 1875, c. 442; L. 1892, c. 576. § 2656. Effect of such letters. Ancillary letters of guardianship are issued as prescribed in the last section, without security except as provided in that section and without an oath of office. If issued in a case provided for in subdivision one of section 2654, they authorize the person to whom they are issued to demand and receive the personal property, and the rents and profits of the real property of the ward; to dispose of them in like manner as a general guardian of the property appointed as prescribed in this article; to remove them from the state, and to maintain or defend any action or special proceeding in the ward's behalf. If issued in a case provided for in subdivision two of section 2654, such ancillary letters of guardianship authorize the person to whom they are issued to demand and receive the personal property of the ward, and to dispose of it in like manner as a guardian of property appointed as prescribed in this article, and to maintain or defend any action or special proceeding respecting such personal property in the ward's behalf. But in neither case do such letters authorize such ancillary guardian to receive from a resident guardian, executor, er administrator, or from a testamentary trustee, subject to the jurisdiction of a surrogate's court, money or other property belonging to the ward, in a case where letters have been issued to a guardian of the infant's property, from a surrogate's court of a county within the state, upon an allegation that the infant was a resident of that county, except by the special direction made upon good cause shown, of the surrogate's court from which the principal letters were issued, or unless the principal letters have been duly revoked. Former § 2840 of this Code. From L. 1870, c. 59. § 1; L. 1889, c. 263, § 2657. Will or deed containing appointment to be proved, etc., and recorded. A person shall not exercise, within the state, any power or authority, as guardian of the person or property of an infant, by virtue of an appointment contained in the will of the infant's father or mother, being a resident of the state, and dying after this chapter takes effect, unless the will has been duly admitted to probate, and recorded in the proper surrogate's court, and letters of guardianship have been issued to him thereupon; or by virtue of an appointment contained in a deed of the infant's father or mother, being a resident of the state, executed after this chapter takes effect, unless the deed has been acknowledged or proved, and certified, so as to entitle it to be recorded, and has been recorded in the office for recording deeds in the county, in which the person making the appointment resided, at the time of the execution thereof. Where a deed containing such an appointment is not recorded within three months after the death of the grantor, the person appointed is presumed to have renounced the appointment; and if a guardian is afterward duly appointed by a surrogate's court, the presumption is conclusive. Former § 2851 of this Code. From L. 1877, c. 206, §§ 4-7. § 2658. Guardian by will or deed; qualification, letters, etc. Where a will, containing the appointment of a guardian, is admitted to probate, or a deed is recorded as provided in the foregoing section, the person appointed guardian must, within thirty days thereafter, qualify by taking and filing his oath of office, and a bond as fixed by the surrogate, unless contrary to the express provision of the will or deed, and by filing a petition or affidavit setting forth the facts which entitle him to so qualify and receive letters; except that a trust company so named, instead of filing such oath and bond, shall file a consent to accept such appointment duly executed and acknowledged; otherwise he is deemed to have renounced the appointment. But the surrogate, either before or after the expiration of thirty days, may extend the time so to qualify, upon good cause shown, for not more than three months. A person appointed guardian by will or deed may, at any time before he qualifies, renounce the appointment by a written instrument, acknowledged, or proved, and duly certified, and filed in the surrogate's office. Former § 2852 of this Code. From L. 1877, c. 206, §§ 4-7. § 2659. Appointment of successor. Where no guardian appointed by will or deed remains in office on account of resignation, removal, or death, a general guardian may be appointed by the surrogate's court, with all the powers conferred by the will or deed and with the effect prescribed in section 2563 of this chapter; unless such an appointment would contravene the express terms of the will or deed. Former § 2860 of this Code. Jaws 1917 § 2660. Guardian to file annual inventory and account. A guardian of an infant's property must, in the month of January of each year, as long as any of the infant's property, or of the proceeds thereof, remains under his control, file in the surrogate's court the following papers: 1. An inventory, containing a full and true statement and description of each article or item of personal property of his ward, received by him, since his appointment, or since the filing of the last annual inventory, as the case requires; the value of each article or item so received; a list of the articles or items, remaining in his hands; a statement of the manner in which he has disposed of each article or item, not remaining in his hauds; and a full description of the amount and nature of cach investment of money, made by him. 2. A full and true account, in form of debtor and creditor, of all his receipts and disbursements of money, during the preceding year; in which he must charge himself with any balance remaining in his hands, when the last account was rendered, and must distinctly state the amount of the balance remaining in his hands, at the conclusion of the year, to be charged to him in the next year's account. 3. The names and residences of the sureties on his bond; if natural persons whether they are living; and whether the security of the bond has become impaired. Former §§ 2842, 2855 of this Code. From L. 1837, c. 460, § 57; L. 1913, c. 533. § 2661. Affidavit to be annexed thereto. With the inventory and account, filed as prescribed in the last section, must be filed an affidavit, which must be made by the guardian, unless, for good cause shown in the affidavit, the surrogate permits the same to be made by an agent or attorney, who is cognizant of the facts. The affidavit must state, in substance, that the inventory and account contain, to the best of the affiant's knowledge and belief, a full and true statement of all the guardian's receipts and disbursements, on account of the ward; and of all money and other personal property of the ward, which have come to the hands of the guardian, or have been received by any other person by his order or authority, or for his use, since his appointment, or since the filing of the last annual inventory and account, as the case requires; and of the value of all such property; together with a full and true statement and account of the manner, in which he has disposed of the same, and of all the property remaining in his hands, at the time of filing the inventory and account; and a full and true description of the amount, and nature of each investment made by him, since his appointment, or since the filing of the last annual inventory, and account, as the case requires; and that he does not know of any error or omission in the inventory or account, to the prejudice of the ward. Former § 2843 of this Code. From L. 1837, c. 460, §§ 57, 58. § 2662. Annual examination of guardian's accounts. In the month of February of each year and thereafter until completed, the surrogate must, for the purposes specified in the next section, examine or cause to be examined, under his direction, all inventories and accounts of guardians filed since the first day of February of the preceding year. The examination may be made by the clerk of the surrogate's court, or by a person specially appointed by the surrogate to make it, who must, before he enters upon the examination, subscribe and take before the surrogate, and file with the clerk of the surrogate's court, an oath faithfully to execute his duties and to make a true report to the surrogate. Former § 2844 of this Code. From L. 1837, c. 460, § 58; L. 1881, c. 535. § 2663. Proceedings, when account defective, etc. If it appears to the surrogate, upon an examination made as prescribed in the last section, or by the report of such special examiner, that a guardian of an infant's property, has omitted to file his annual inventory or account, or the affidavit relating thereto as prescribed in the last section but one; or if the surrogate is of the opinion, that the interest of the ward requires that the guardian should render a more full or satisfactory inventory or account; or where the surrogate has reason to believe that sufficient cause exists for the guardian's removal, the surrogate may, in his discretion, appoint a fit and proper person special guardian of the ward, for the purpose of filing a petition in his behalf, for the removal of the guardian, and prosecuting the necessary proceedings for that purpose. And in a like case where said special examiner has been appointed, the surrogate shall make an order appointing said examiner special guardian of such infant with authority to procure the filing of an amended account or a proper account, and to prosecute a proceeding for the removal of such guardian when necessary. The surrogate in all cases of examination or prosecution as aforesaid shall fix the fees and compensation of such special examiner and special guardian, and may in his discretion make an order charging them in whole or in part upon the guardian personally, the fund in his hands, or upon the county, in which latter case he shall certify the items thereof to the board of supervisors of the county or in the city of New York to the proper officers, and the same shall be audited and paid as other county or city charges. Former §§ 2844, 2845 of this Code. From L. 1837, c. 460, § 60. § 2664. Surrogate may direct as to infant's maintenance. Upon the petition of the guardian of an infant's person or property; or of the infant; or of any relative or other person in his behalf; the surrogate, upon notice to such persons, if any, as he thinks proper to notify, may make an order, directing the application, by the guardian of the infant's property, to the support and education of the infant, of such a sum as to the surrogate seems proper, out of the income of the infant's property; or, where the income is inadequate for that purpose, out of the principal. Former § 2846 of this Code. TITLE III-A. Funds of Estates to be Kept Separate. ARTICLE FIRST. Funds of estates to be kept separate. § 2664-a. [Added, 1916.] Funds of estates to be kept separate. Every executor, administrator, guardian or testamentary trustee shall keep the funds and property received from the estate of any deceased persons separate and distinct from his own personal fund and property. He shall not invest the same or deposit the same with any person, association or corporation doing business under the banking law or other person or institution, in his own name, but all transactions had and done by him shall be in his name as such executor, administrator, guardian or testamentary trustee. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. Added by L. 1916, c. 588 (in effect Sept. 1, 1916). TITLE IV. Ascertaining assets and debts; payment of debts and legacies; powers and duties of executors and administrators; mortgage, lease or sale of real property for payment of debts, funeral expenses, expenses of administration, and to satisfy charges thereon, and for distribution. Article 1. Appointment of appraisers and making and returning inventory. Proceedings to discover property. 2. Presenting claims, their allowance, rejection and trial. Payment of debts, legacies and expenses. Sales of real estate by executors, ad- 3. Applying rents, and proceeds of mortgage, lease or sale of real estate to ARTICLE FIRST. Appointment of appraisers, and making and returning inventory; proceedings to discover property. Sec. 2665. Appointment of appraisers and making inventory. 2666. Appraisal in different places; appraisal of newly discovered property. 2667. Contents of inventory. 2668. Return of inventory. 2669. Return of inventory; how compelled. 2670. Exemption for benefit of family. 2671. Proceedings to compel set-off of exempt property. 2672. What shall be deemed assets. 2673. Assets; debts due from executor to testator; effect of discharge by will. 2676. Trial and decree. § 2665. (Am'd, 1916.] Appointment of appraisers and making inventory. On the application of an executor or administrator, an order must be entered in the surrogate's court appointing two disinterested appraisers, as often as may be necessary, to appraise the personal property of a deceased person. The executor or administrator, within three months after qualifying and after giving at least five days' notice personally or by mail to the legatees or next of kin, residing in the county of the decedent, and posting a notice in three public places of the town, or city where he resided, specifying the time and place at which the appraisement will be made, must make a true and perfect inventory of all the personal property of the decedent. Before making the appraisement, the appraisers must take and subscribe an oath, to be inserted in the inventory, that they will truly, honestly and impartially appraise the personal property exhibited to them, according to the best of their knowledge and ability. They must in the presence of such of the parties interested as attend, estimate and appraise the property exhibited to them, and set down each article separately with the value thereof in dollars and cents, distinctly, in figures opposite to the articles respectively. Former § 2711 of this Code. From 2 R. S. 82 (Part 2, c. 6, tit. 3), §§ 1-5; L. 1873, c. 225; L. 1893, c. 686; L. 1901, c. 195. Am'd by L. 1916, c. 624 (in effect May 20, JUST |