§ 2746. Infant's share. When a legacy or distributive share is payable to an infant, the decree may, in the discretion of the surrogate's court, direct it, or so much of it as may be necessary, to be paid to his general guardian, to be applied to his support and education; or when it does not exceed fifty dollars, the decree may order it to be paid to his father, and if his father be dead, then to his mother, for the use and benefit of such infant. Said court may, in its discretion, by its decree, direct any legacy or distributive share, or part of a legacy or distributive share, not paid or applied as aforesaid, which is payable to an infant, to be paid to the general guardian of such infant, upon his executing and depositing with the surrogate in his office, a bond running to such infant, with two or more sufficient sureties, duly acknowledged and approved by the surrogate, in double the amount of such legacy or distributive share, conditioned that such general guardian shall faithfully apply such legacy or distributive share, and render a true and just account of the application thereof, in all respects, to any court having cognizance thereof, when thereunto required, the sureties in which bond shall justify as required in this act, unless the surrogate shall determine that the general bond given by the guardian is ample and of sufficient amount to cover such legacy or distributive share. The said court may, in its discretion, from time to time, authorize or direct such general guardian to expend such part of such legacy or distributive share, in the support, maintenance and education of such infant as it deems necessary. On such infant's coming twenty-one years of age, he shall be entitled to receive, and his general guardian shall pay or deliver to him, under the direction of the surrogate's court, the securities so taken, and the interest or other moneys that may have been paid to or received by such general guardian, after deducting therefrom such amounts as have been paid or expended in pursuance of the orders and decrees of said court, so made as aforesaid, and the legal commissions of such guardian; and the said general guardian shall be liable to account in and under the direction of the surrogate's court, to his ward, for the same; in case of the death of said infant, before coming of age, the said securities and moneys, after making the deductions aforesaid, shall go to his executors or administrators, to be applied and distributed according to law. and the general guardian shall in like manner be liable to account to such administrator or executor. If there be no general guardian, or if the surrogate's court do not order or decree the payment or disposition of the legacy or distributive share in some of the ways above described, then the legacy or distributive share, or part of the same not disposed of as aforesaid, whether the same consists of money or securities, shall, by the order or decree of the surrogate's court, be paid and delivered to and deposited in said court, by paying and delivering the same to and depositing it with the county treasurer of the county, to be held, managed, invested, collected, reinvested and disposed of by him, as prescribed and required by section two thousand five hundred and thirty-seven of this act. The regulations contained in the general rules of practice, as specified in section seven hundred and forty-four of this act, and the provisions of title three of chapter eight of this act apply to money, legacies and distributive shares paid to and securities deposited with the county treasurer, as prescribed in this section; except that the surrogate's court exercises with respect thereto, or with respect to a security in which any of the money has been invested, or upon which it has been loaned, the power and authority conferred upon the supreme court by section seven hundred and forty-seven of this act. Sections forty-six, forty-seven, forty-eight, forty-nine, fifty and fifty-one of part two, chapter six. title three, article two, of the Revised Statutes, are repealed. From Id., § 80. Am'd by ch. 358 of 1886, and ch. 554 of 1900. § 2747. Legacy, etc., to unknown person to be paid into State treasury. Where the person entitled to a legacy or distributive share is unknown, the decree must direct the executor or administrator to pay the C1 amount thereof into the treasury of the State, for the benefit of the person or persons who may thereafter appear to be entitled thereto. The surrogate, or the supreme court, upon the petition of a person claiming to be so entitled, and upon at least fourteen days' notice to the attorney-general, accompanied with a copy of the petition, may by a reference, or by directing the trial of an issue by a jury, or otherwise, ascertain the rights of the persons interested, and grant an order directing the payment of any money, which appears to be due to the claimant, but without interest, and deducting all expenses incurred by the State with respect to the decedent's estate. The comptroller, upon the production of a certified copy of the order, must draw his warrant upon the treasury, for the amount therein directed to be paid; which must be paid by the State treasurer, to the person entitled thereto. From part of Id., § 81, as amended by ch. 456 of 1877. § 2748. When legacy, etc., to be paid to county treasurer. The decree must also direct the executor or administrator to pay to the county treasurer a legacy or distributive share, which is not paid to the person entitled thereto, at the expiration of two years from the time when the decree is made, or when the legacy or distributive share is payable by the terms of the decree. The money, so paid to the county treasurer, can be paid out by him only by the special direction of the surrogate; or pursuant to the judgment of a court of competent jurisdiction. From Id. The following sections of Title V, ch. 18, of the Code of Civil Procedure, are repealed by ch. 750 of the Laws of 1904, to take effect Sept. 1, 1904: SEC. 2762. Id.; when title is in controversy. 2766. Bond to be given by executor or administrator. 2767. If he refuses, freeholder to be appointed to execute decree. 2768. Order directing execution of decree. 2769. Order as to distinct parcels after appeal. 2770. Id.; not affected by death, etc. 2772. Mode of sale; notice thereof. 2773. Distinct parcels to be sold separately. 2775. Order to vacate sale. Resale. 2776. Order to confirm sale. Conveyance thereupon. 2778. Effect of conveyance in other cases. 2779. Contract for lands; how sold. 2780. Id.; purchaser's bond for payment thereupon. 2781. Id.; when interest in part of land may be sold. 2784. Purchaser's title not affected by certain irregularities, etc. 2786. Proceeds to be paid into court; effect thereof. 2787. Notice of distribution of proceeds. 2788. Hearing; proofs of further debts or liens. 2789. When sale of unsold property may be directed. 2790. Proof of claims to surplus money. 2791. Decree for distribution. 2792. Id.; county treasurer to distribute. 2793. Distribution; how made. 2794. Dower in lands under contract; how computed. 2795. Fund set apart for dower; how invested, etc. 2796. Id.; share belonging to infant, etc. 2797. Effect upon proceedings under this title, of an action to fore close, etc. 2800. Securities and leases; surrogate's duty respecting the same. TITLE V. Disposition of the decedent's real property, for the payment of debts and funeral expenses. Distribution of the proceeds. SEC. 2749. What property subject to this title. 2750. Petition; when and by whom presented. 2751. Creditor's time to apply extended in certain cases. 2752. Contents of petition. 2753. Proceedings where some of the facts are unknown. 2754. Citation thereupon. 2755. Hearing. 2756. What proof necessary for a decree. 2757. Decree to mortgage, lease or sell. 2758. Duty of executor or administrator to execute decree after filing bond. 2759. Proceedings upon failure to execute decree or file bond. 2760. Execution of decree not affected by death et cetera. 2761. Effect of decree; manner of executing same, applying proceeds of sale and accounting for same. 2762. Id.; when title is in controversy. (Repealed.) 2763. Purchaser's title not affected by certain irregularities. 2764. Allowance on bid to creditor purchasing. 2765. Sale to be refused if bond be given. 2766. Bond to be given by executor or administrator. (Repealed.) 2767. If he refuses, freeholder to be appointed to execute decree. (Repealed.) 2768. Order directing execution of decree. (Repealed.) 2769. Id.; as to distinct parcels after appeal. (Repealed.) 2770. Id.; not affected by death, etc. (Repealed.) 2777. When conveyance not to affect purchaser or mortgagee from heir, (Repealed.) etc. 2778. Effect of conveyance in other cases. (Repealed.) (Repealed.) (Repealed.) 2784. Purchaser's title not affected by certain irregularities, etc. (Repealed.) 2785. Id.; presumption, where records have been removed. 2788. Hearing; proof of further debts or liens. (Repealed.) (Repealed.) (Repealed.) 2794. Dower in lands under contract; how computed. (Repealed.) 2795. Fund set apart for dower; how invested, etc. (Repealed.) |