§ 2490. Proceedings in New York and Kings counties regulated. In a special proceeding cognizable before a surrogate, taken in the supreme court as prescribed in this article, the seal of the court in which it is taken, must be used, where a seal is necessary. The special proceeding must be entitled in that court; and the papers therein must be filed or recorded, as the case may be, and issues therein must be tried, as in an action brought in that court., The clerk of that court must sign each record, which is required to be signed by the surrogate or the clerk of the surrogate's court. The issuing of a citation may be directed, and any order intermediate the citation and the decree may be made by a judge of the court. From Id. Am'd by ch. 946 of 1895. See 1187, Consol. Act. § 2491. Id.; transfer of proceedings to surrogate's court. The court may, at any time, in its discretion, upon being satisfied that the reason for the exercise of its powers and jurisdiction has ceased to operate, make an order to transfer to the surrogate's court, any matter then pending before it. Such an order operates to transfer the same accordingly. Immediately after such a transfer, or after the revocation of the order of the general term, as prescribed in the last section but one, the surrogate must cause entries to be made in the proper book in his office, referring to all the papers filed; and orders entered, or other proceedings taken, in the supreme court; and he may cause copies of any of the orders or papers to be made and recorded or filed in his office, at the expense of the county. From Id. Am'd by ch. 946 of 1895. § 2492. Temporary surrogate; when board of supervisors may appoint. In any county, except New York, if the surrogate is disabled by reason of sickness, and there is no special surrogate, or special county judge of the county, the board of supervisors may, in its discretion, appoint a suitable person to act as surrogate, until the surrogate's disability ceases; or until a special surrogate or a special county judge is elected or appointed. A person so appointed must, before entering on the execution of the duties of his office, take and file an oath of office, and give an official bond as prescribed by law, with respect to a person elected to the office of surrogate. From Id. Am'd by ch. 686 of 1893. § 2493. Id.; compensation. An officer, or a person appointed by the board of supervisors, who acts as surrogate of any county during a vacancy in the office, or in consequence of disability, as prescribed in the last nine sections, must be paid, for the time during which he so acts, a compensation equal pro rata, to the salary of the surrogate; or, in a county where the county judge is also surrogate, to the salary of the county judge. The amount of his compensation must be audited and paid, in like manner as the salary of the surrogate, or of the county judge, as the case may be. Where an officer of the county performs the duties of the surrogate, with respect to a particular matter, wherein the surrogate is disqualified or precluded from acting, the supervisors of the county must allow him a just compensation for his services therein, to be audited and collected in the same manner. From Id. § 2494. Id.; acts, etc., where and how recorded. Where an act is done, or a proceeding is taken by, before, or by authority of, an officer, or a person appointed by the board of supervisors, temporarily acting as surrogate of any county, as prescribed in this article, the same must be recorded, or the proper minutes thereof must be entered in the books of the surrogate's court, in like manner as if the same was done, or taken by, before, or by authority of the surrogate of the county; and the officer or person so acting, or the clerk of the surrogate's court, must sign the certificate of probate and any letters so issued, and must certify the record thereof in the book. From Id., 2 R. S. 223, Part 3, ch. 2, tit. 1, § 13 (2 Edm. 232). § 2495. Surrogate when not to be counsel. A surrogate shall not be counsel, solicitor or attorney in a civil action or special proceeding for or against any executor, administrator, temporary administrator, testamentary trustee, guardian or infant, over whom, or whose estate or accounts, he could have any jurisdiction by law. The surrogate of the county of Monroe shall not act as referee or practice as attorney or counsellor in any court of record in the State. Am'd by ch. 686 of 1893. § 2496. Surrogate, when disqualified. In addition to his general disqualifications as a judicial officer, a surrogate is disqualified from acting upon an application for probate or for letters testamentary, or letters of administration, in each of the following cases: 1. Where he is, or claims to be, an heir or one of the next of kin to the decedent, or a devisee or legatee of any part of the estate. 2. Where he is a subscribing witness, or is necessarily examined or to be examined as a witness, to any written or nuncupative will. 3. Where he is named as executor, trustee, or guardian, in any will, or deed of appointment, involved in the matter. From 2 R. S. 79, Part 2, ch. 6, tit. 2, § 48 (2 Edm. 80); ch. 470 of 1847, § 32 (2 Edm. 586); ch. 859 of 1871, § 8 (9 Edm. 214). § 2497. Disqualification; when objection must be taken. An objection to the power of a surrogate to act, based upon a disqualification, established by special provision of law, other than one of those enumerated in the last section, is waived by an adult party to a special proceeding before him, unless it is taken at or before the joinder of issue by that party; or, where an issue in writing is not framed, at or before the submission of the matter or question to the surrogate. From 2 R. S. 276, Part 3, ch. 3, tit. 1, § 14 (2 Edm. 286), added by ch. 300 of 1844, § 6 (4 Edm. 698). § 2498. Books to be kept by surrogate. Each surrogate must provide and keep the following books: 1. A record-book of wills, in which must be recorded, at length, every will required by law to be recorded in his office with the decree admitting it to probate, and also, if the probate is not contested, the proof taken thereupon. 2. A record-book of letters testamentary and letters of administration, in which must be recorded all such letters, issued out of his court. 3. A record-book, in which must be recorded every decree, whereby the account of an executor, administrator, trustee, or guardian is settled. 4. A book, containing a minute of every paper filed, or other proceeding taken, relating to the disposition of the real property of a decedent, and a record of every order or decree, made thereupon; with a memo randum of every report made, and other proceeding taken, founded upon a decree for such a disposition. 5. A book containing a record of every decree or order, the record of which is not required by this section to be kept elsewhere; together with a memorandum of each execution issued, and of the satisfaction of each decree recorded therein. 6. A book, in which must be recorded all letters of guardianship, issued out of his court. 7. A book of fees and disbursements, in which must be entered, by items, all fees charged or received by him for services or expenses, and all disbursements made or incurred by him, which are chargeable against those fees, or to the county. The expense of providing the books specified in this section is a county charge. From 2 R. S., Part 3, ch. 2, tit. 1, § 7; 2 R. S. 110, Part 2, ch. 6, tit. 4, § 60 (2 Edm. 114), and Id., § 13 (2 Edm. 106); 2 R. S. 80, Part 2, ch. 6, tit. 2, 57 (2 Edm. 82), and ch. 460 of 1837, §§ 2 and 3 (4 Edm. 487). § 2499. The same. To each of the books, kept as prescribed in the last section, must be attached an alphabetical index, referring to the page of the book, where each subject may be found. The surrogate may keep two or more books, for a further division of the subjects specified in either subdivision of the last section; in which case, he must keep a separate index to each set of books. Each decree, revoking the probate of a will, or revoking or otherwise affecting letters testamentary, letters of administration, or letters of guardianship, or suspending or removing a testamentary trustee, or modifying or otherwise affecting any other decree, must be plainly noted at the end or in the margin of the record of the will, letters, or original decree, with a reference to the book and page where the subsequent decree is recorded. The books, kept as prescribed in the last section, appertain to the surrogate's office, and must be open, at all reasonable times to the inspection of any person. From 2 R. S. 222, Part 3, ch. 2, tit. 1, § 7 (2 Edm. 232); ch. 460 of 1837, 2 (4 Edm. 489). § 2500. Papers and books to be preserved and bonds filed. The surrogate must carefully file and preserve in his office every deposition, affidavit, petition, report, account, voucher, or other paper relating to any proceeding in his court; and deliver to his successor all the papers and books kept by him. All bonds required to be filed with the surrogate or in his office must be proved or acknowledged as deeds are required by law to be proved or acknowledged. From 2 R. S. 223, Part 3, ch. 2, tit. 1, § 8 (2 Edm. 232), and 2 R. S. 102, Part 2, ch. 6, tit. 4; last clause of § 13 (2 Edm. 106); ch. 460 of 1837, § 2. Am'd by ch. 686 of 1893. § 2501. When fees not to be charged; report of fees. If the inventory of personal property of a testator or intestate, filed in the office of the surrogate, does not exceed the sum of one thousand dollars, no fees for any services done or performed by the surrogate shall be charged to or received from the executor or administrator. If the petition for letters testamentary or of administration shall allege that in the belief of the petitioner the inventory will not exceed such amount, no fees shall be received until it appears from the inventory when filed that the personal property does not exceed that sum. On the appointment of a guardian, if it appears that the application is made for the purpose of enabling the minor to receive bounty, arrears of pay or prize money, or pension due, or other dues or gratuity from the federal or state government, for the services of the parents or brother of such minor in the military or naval service of the United States, no fees shall be charged or received. The surrogate of each county, except New York, at his own expense, must make a report to the board of supervisors of the county, on the first day of each annual meeting thereof, containing a verified statement of all fees received or charged by him for services or expenses since the last report, and of all disbursements chargeable against the same, or to the county, stating particularly each item thereof. From ch. 300 of 1844, § 5 (4 Edm. 697). Am'd by ch. 686 of 1893. See 1189, Consol. Act. § 2502. Id.; in New York county. Repealed by ch. 530 of 1884. § 2503. What papers to be transmitted to secretary of State; expenses thereof. A surrogate who admits to probate the will of a person, who was not a resident of the State at the time of his death; or grants original or ancillary letters testamentary upon such a will, or original or ancillary letters of administration upon the estate of such a person; must, within ten days thereafter, transmit to the secretary of State, to be filed in his office, a certified copy of the will or letters. The surrogate's fees for making the copy, and the expenses of transmission, must be audited by the comptroller, and paid out of the treasury upon his warrant. From 2 R. S. 80, Part 2, ch. 6, tit. 2, § 59 (2 Edm. 8a). ARTICLE THIRD. Clerks; Stenographers; Miscellaneous Provisions. SEC. 2504. Surrogate's court; when to be open. 2505. When surrogate to attend. 2506. When and where court held by county judge. 2507. Seal. 2508. Clerks in surrogate's office. 2509. Clerk of surrogate's court; how appointed; his powers. 2510. Additional powers of clerks of surrogate's courts. 2511. Surrogate liable for clerk s acts. 2512. Stenographer for surrogates' courts in New York and Kings. 2514. Definition of expressions used in this chapter. § 2504. Surrogate's court; when to be open. The surrogate's court is always open for the transaction of any business, within its powers and jurisdiction. The surrogates of the city and county of New York, from time to time must appoint and may alter the times of holding terms of that court for the trial of probate proceedings and for the hearing of motions and other chamber business. They must prescribe the duration of such terms, and assign the surrogate to preside and attend at the terms so appointed. In case of the inability of a surrogate of that county to preside or attend, the other surrogate may preside or attend in his place. Two or more terms of the surrogate's court may be appointed to be held at the same time. The term of that court held at the chambers shall dispose of all business except contested probate proceedings; all contested probate proceedings shall be disposed of at the trial term. An appointment must be published in two newspapers published in the city of New York during or before the first week in January in each year; except that the surrogates of that county may, by notice to be published in two newspapers in the city of New York for at least five days, appoint the time for holding chambers and trial terms during the year eighteen hundred and ninety-three. All the powers conferred by law upon the surrogate of the city and county of New York may be exercised by either of the surrogates of the said city and county; and there shall be published in the official law paper published in said county, upon Monday of every weck, under the name of the surrogate making the several appointments, a full and true list of the names of all appraisers, transfer tax appraisers, special guardians, referees and temporary administrators, which either surrogate shall have designated or appointed during the preceding week together with the names of the proceedings in which they were appointed and the dates of said appointments. From 2 R. S. 221, Part 3, ch. 2, tit. 1, part of § 2 (2 Edm. 230). § 2505. When surrogate to attend. The surrogate must, unless prevented by sickness or other unavoidable casualty, attend at his office on Monday of each week, except during the month of August, or where Monday is a public holiday, on the following Tuesday, to execute the powers conferred and the duties imposed upon him. But the surrogate of any county may, by an instrument in writing, under his hand, filed in the office of the clerk of the county at least twenty days before the first day of January in any year, designate a day of the week, other than Monday, on which he will attend at his office or a month other than August, during which he will |