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ARTICLE 19

Laws repealed; when to take effect

Section 318. Laws repealed.

319. When to take effect.

§ 318. Laws repealed.

The sections of the code of civil procedure specified in the schedule hereto annexed, and all acts amendatory thereof or supplemental thereto in force when this act takes effect are hereby repealed. When two numbers in such schedule are united by a hyphen both such numbers are included as well as all intermediate numbers.

§ 319. When to take effect.

This chapter shall takec effect October first, nineteen hundred and twenty-one. (Am. by L. 1921, ch. 201, in effet Oct. 1, 1921.)

The amendment of 1921 postponed the taking effect of this act from April 15 to Oct. 1. 1921.

SCHEDULE OF LAWS REPEALED.

Code of Civil Procedure, §§ 961, 1822, 2472-2654, 2664-ai 2665-2771.

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temporary administrator, powers as to real property and providing for family. when and how appointed..

131

126

sale of real property of decedent for distribution to.

Accounts and accounting.

I. In general.

accounts as assets in hands of executor.

202

admissions and allowance of claims or debt by executor or administrator, effect.
advancement, adjustment of...

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disputed or unsettled debts or claims, fraudulent settlement by compromise or compounding...

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expenses and disbursements of administration, setting forth in account.

222

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limitation of action, suspension of statute as to claim in favor of executor or administrator

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power of surrogate to complete accounting instituted before predecessor.
profit and loss, allowing..

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supplemental account, filing on execution of order for sale, mortgage, or lease..
temporary admiristra or on application by creditor..

242

129

unknown persons, proceedings to determine right to legacy or distributive share.

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voluntary judicial settlement of account, filing and proceedings thereon.

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Accounts and accounting—Continued.

III. Judicial settlement. 1. In general.

absentee, payment of legacy or distributive share into court.

adjournment of judicial settlement after making order to mortgage, lease, or sell.
advancement, adjustment on.

citation, order to account and proceedings on compulsory judicial settlement.
claim rejected by representative, trial on judicial settlement..

contest between accounting party and other parties, trial and determination.
decree against decedent executor or administrator, effect of..

contents.

settling account of executor, etc., recording.

destroying vouchers after five years from date of decree.

effect..

infant, to whom share paid.

judicially settled defined.

recording decree in surrogate's office.

reference to examine account..

hear and determine questions arising from non-settlement.

retention of property to cover claim not due or disputed...

uncontroverted allegations in account as constituting due proof.

unknown persons, payment of legacy or distributive share into state treasury. 2. Voluntary judicial settlement.

citation...

examination of executor or administrator, guardian or trustee.

petition, when may be presented and contents.

273

proceedings by comptroller to compel payment of legacy or distributive share
into court.

273

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270

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209

114

274

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18

274

271

314

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272

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bond of executor, administrator, testamentary trustee, or guardian, action on.

113

action by successor. ・ ・ ・ ・ ・

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action on, where successor not appointed.

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by heir, devisee or other person aggrieved for reinbursement after sale of realty for debts. recovery of apportioned rent, annuities, or dividends.

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judicial settlement after making order to mortgage, lease, or sell.

mandatory where necessary parties not cited or notified...

supplemental citation or additional notice to parties not notified or cited.

Administration.

letters of administration defined...

sale of real property to pay expenses.

Advancement.

adjustment in decree for distribution....

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234

270

Advertisement.

fees of printer.

notice to creditors to present claims.

Affidavits.

accounts by executor, administrator, guardian, or trustee.

claim against decedent's estate, affidavit in support of:

filing in surrogate's office...

inventory and account by guardian.

power of clerk to take..

surrogate to take.

Albany county.

stenographers, appointment, removal and compensation..

Alderman, board of.

New York City, fixing compensation of clerks appointed by surrogate.

Aliens.

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non-resident incompetent to act as executor, administrator, testamentary trustee or guardian 94 supplementary letters testamentary, right to on disability being removed.

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notice, service where attorney or party cannot be served personally.
perfecting appeal, supplying defects.

service of notice..

on respondent where attorney dead or not found.

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