no statement of the substance of the proofs be on file or recorded in such office, a copy of such will or of the record thereof, authenticated as prescribed in this article, accompanied by a certificate that no proofs or statement of the substance of proof of such will, are or is on file or recorded in such office, made and likewise authenticated as prescribed in this article, may be recorded in the office of the surrogate of any county in this state where such real property is situated; and such record in the office of such surrogate or an exemplified copy thereof shall be presumptive evidence of such will and of the execution thereof, in any action or special proceeding relating to such real property. From ch. 311 of 1864 (6 Edm. 254), as amended by ch. 680 of 1872 (9 Edm. 420), and ch. 324 of 1878. Am'd by ch. 495 of 1888; ch. 605 of 1897, and ch. 633 of 1900. § 2704. Papers recorded, etc., how authenticated. To entitle a copy of a will admitted to probate or letters testamentary or of letters of administration, granted in any other state or in any territory of the United States, and of the proofs or of any statement of the substance of the proofs of any such will, or of the record of any such will, letters, proofs or statement, to be recorded or used in this state as provided in this article, such copy must be authenticated by the seal of the court or officer by which or whom such will was admitted to probate or such letters were granted, or having the custody of the same 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 a certificate under the great or principal seal of such state or territory, and the signature of the officer who has the custody of such seal, to the effect that the court or officer by which or whom such will was admitted to probate or such letters were granted, was duly authorized by the laws of such state or territory to admit such will to probate or to grant such letters; that the will, or letters, or records, the accompanying copy of which it* is so authenticated, is or are kept pursuant to those laws, by such court or by the officer who authenticated such copy; that the seal of such court or officer affixed to such copy is genuine, and that the officer making such certificate under such seal of such state or territory verily believes that each of the signatures attesting such copy is genuine; and to entitle any certificate concerning proofs accompanying the copy of the will or of the record so authenticated, to be recorded or used in this state, as provided in this article, such certificate must be under the seal of the court or officer by which or whom such will was admitted to probate, or having the custody of such will or record, and the signature of a judge or the clerk of such court, or the signature of such officer, authenticated by a certificate under such great or principal seal of such state or territory, and the signature of the officer having the custody thereof, to the effect that the seal of the court or officer affixed to such certificate concerning proofs is genuine, and that such officer making such certificate under such seal of such state or territory, verily believes that the signature to such certificate concerning proofs is genuine. To entitle a copy of a will admitted to probate or of letters testamentary or of letters of administration granted in a foreign country, and of the proofs or of any statement of the substance of the proofs of any such will or of the record of any such will, letters, proofs or statement to be recorded or used in this state as provided in this article, such copy must be authenticated by the seal of the court or officer by which or by whom such will so admitted to probate or such letters were granted or having the custody of the same 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 a certificate of a judge of a court of record of such foreign country to the effect that the court or officer by which or by whom such will was admitted to probate or such letters were granted was duly authorized by the laws of such foreign country to admit such will to probate or to grant such letters; So in the original. that the will, letters or records, the accompanying copy of which is so authenticated is or are kept pursuant to such laws by such court or by the officer who authenticated such copy and that the judge making such certificate verily believes that the seal and each of the signatures, attesting such copy is genuine and the signature and official charter of such judge of a court of record shall be attested by a United States consul or vice-consul, and to entitle any certificate concerning proofs accompanying the copy of the will, or of the record so authenticated, to be recorded or used in this state as provided in this article, such certificate concerning proofs must be similarly authenticated and attested. Am'd by ch. 495 of 1888, and ch. 603 of 1897. Am'd by ch. 472 of 1903. In effect May 7, 1903. § 2705. Papers recorded, etc.; how authenticated, Repealed by ch. 495 of 1888. 762 TITLE IV. Proceedings by or against an executor or administrator, touching the administration and settlement of the estate. ARTICLE 1. Aid, supervision, and control of an executor or administrator. 2. Accounting; and settlement of the estate. ARTICLE FIRST. Aid, Supervision, and Control of an Executor or Adminis trator. SEC. 2706. Liability of persons unauthorized to act as executors or adminis trators. 2707. Proceedings to discover property withheld. 2708. Order; service of citation and order; officers who may act in surrogate's absence. 2709. Examination and decree. 2710. Security to prevent decree; warrant to seize property. 2711. Appointment of appraisers and appraisal. 2712. What shall be deemed assets. 2713. Exemption for widow and children. 2714. Contents of inventory. 2715. Return of inventory. 2716. Return of inventory; how compelled. 2717. Sale of personal property. 2718. Ascertainment of debts. 2718a. Citation to creditors after notice to present claims. 2720. Apportionment of rents, annuities and dividends. § 2706. Liability of persons unauthorized to act as executors or administrators. Every person becoming possessed of property of a testator or intestate, without being thereto duly authorized as executor or administrator, or without authority from the executor or administrator, is liable to account for the full value of such property to every person entitled thereto, and shall not be allowed to retain or deduct therefrom any debt due to him. From 2 R. S. 81, § 60. Am'd by ch. 308 of 1886, and ch. 686 of 1893. § 2707. Proceedings to discover property withheld. An executor or administrator may present to the surrogate's court from which letters were issued to him, a written petition duly verified, setting forth, on knowledge or information and belief, any facts tending to show that money or other personal property which should be delivered to the petitioner, or included in an inventory or appraisal, is in the possession, under the control or within the knowledge or information of a person who withholds the same from him; or who refuses to impart knowledge or information he may have concerning the same, or to disclose any other fact which will aid such executor or administrator in making discovery of such property, so that it cannot be inventoried or appraised; and praying an inquiry respecting it, and that the person complained of may be cited to attend the inquiry and be examined accordingly, and to deliver the property if in his control. The petition may be accompanied by an affidavit or other evidence, written or oral, tending to support the allegations thereof. If the surrogate is satisfied, on the papers so presented, that there are reasonable grounds for the inquiry, he must issue a citation accordingly; which may be made returnable forthwith, or at a future time fixed by the surrogate, and may be served at any time before the hearing. Where the person, or any of the persons, to be cited does not reside, or is not within the county of the surrogate, the citation, in the surrogate's discretion, may require him to appear at a specified time and place within the county where he resides or is served before the surrogate of that county. Former § 2706, 2707, Co. Civ. Proc. Consolidated. Am'd by ch. 686 of 1893. Am'd by ch. 526 of 1903. In effect Sept. 1, 1903. § 2708. Order; service of citation and order. The surrogate must annex to or indorse upon the citation an order requiring the party cited to attend, personally, at the time and place therein specified. The citation and order must be personally served, and service thereof is ineffectual, unless it is accompanied with payment or tender of the sum required by law to be paid or tendered to a witness who is subpoenaed to attend a trial in the supreme court. Former 8 2708, 2709, Co. Civ. Proc. Consolidated. Am'd by ch. 686 of 1893; ch. 946 of 1895, and ch. 526 of 1903. In effect Sept. 1, 1903. § 2709. Examination and decree. On the attendance of a person to whom a citation is issued, as prescribed in this article, he may submit an answer duly verified showing cause why the examination should not proceed The surrogate may then dismiss the proceeding or direct the examination to proceed. In the latter case he must be sworn to answer truly all questions put to him, touching the inquiry prayed for in the petition; and he may be examined fully and at large respecting property of the decedent, or of which the decedent had possession at the time of, or within two years before his death. A refusal to attend or be sworn, or to answer a question which the surrogate determines to be proper, is punishable in the same manner as a like refusal by a witness subpoenaed to attend a hearing before the surrogate. The extent of the examination shall be in the discretion of the surrogate. If the witness is examined concerning any personal communication or transaction between himself and the decedent, all objection under section eight hundred and twentynine to his testimony as to the same in future litigation is waived. Either party may produce further evidence, in like manner and with like effect as on a trial. If the facts admitted by the witness show that he is in the control of property to whose immediate possession the petitioner is entitled, the surrogate may decree that it be delivered to the petitioner. If the witness admits having the control of the property, but the facts as to the petitioner's right are in dispute the proceeding shall end, unless the parties consent to its determination by the surrogate in which case it shall be so determined. Former §§ 2713, 2714, Co. Civ. Proc. Consolidated. Am'd by ch. 535 of 1881; ch. 686 of 1893, and ch. 526 of 1903. In effect Sept. 1, 1903. § 2711. Appointment of appraisers and appraisal. On the application of an executor or administrator, the surrogate, by writing, must appoint two disinterested appraisers, as often as may be necessary, to appraise the personal property of a deceased person, who shall be entitled to receive a reasonable compensation for their services, to be allowed by the surrogate, not exceeding for each, the sum of five dollars for each day actually employed in making appraisement in addition to expenses actually and necessarily incurred. The number of days' services rendered, and the amount of such expenses, must be verified by the affidavit of the appraiser, delivered to the executor or administrator, and adjusted by the surrogate before payment of the fees. The executors and administrators, within a reasonable time after qualifying and after giving a notice of at least five days to the legatees and next of kin, residing in the county where the property is situated, and posting a notice in three of the most public places of the town, 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 testator or intestate; and if in different and distant places two or more such inventories as may be necessary. Before making the appraisement, |