istrator. The surrogate may, in his discretion, entertain or decline to entertain the application. From ch. 359 of 1870, § 3. § 2690. Proceedings thereupon. If the surrogate entertains an application, made as prescribed in the last section, the proceedings thereupon must be, in all respects, the same, as upon a petition for a judicial settlement of the petitioner's account; except that, upon the hearing, the surrogate must first determine, whether sufficient reasons exist for granting the prayer of the petition. If he determines that they exist, he must make an order accordingly, and allowing the petitioner to account, for the purpose of being discharged. Upon his fully accounting, and paying over all money which is found to be due from him to the estate, and delivering over all books, papers, and other property of the estate in his hands, either into the surrogate's court, or in such a manner as the surrogate directs, a decree may be made, revoking the petitioner's letters, and discharging him accordingly. From ch. 359 of 1870, § 3, and ch. 406 of 1879. § 2691. In what cases letters may be revoked without a citation. In either of the following cases, the surrogate must make a decree, revoking letters testamentary or letters of administration, issued from his court, without a petition or the issuing of a citation : 1. Where the person, to whom the letters were issued is not a resident of the state, or is absent therefrom; and upon being duly cited to account, neglects to appear upon the return of the citation, without showing a satisfactory excuse therefor; and the surrogate has not sufficient reason to believe that such an excuse can be made. 2. Where a citation, issued to such a person, in a case prescribed by law, cannot be personally served upon him, by reason of his having absconded or concealed himself. 3. Where, by reason of his default in returning an inventory, such a person has remained, for thirty days, committed to jail, under the surrogate's order, granted in proceedings taken as prescribed in section 2715 of this act. 4. In the case of a temporary administrator, where an order has been made, and served, as prescribed in section 2679 of this act, directing him to deposit money, or show cause why a warrant of attachment should not issue against him; and a warrant of attachment, issued thereupon, has been returned not served upon him. From ch. 288 of 1846, § 1 (4 Edm. 508); 2 R. S. 85, Part 2, ch. 6, tit. 3, 19 (2 Edm. 87). § 2692. Remaining executors may act, where letters of one revoked. Where one of two or more executors or administrators dies, or becomes a lunatic, or is convicted of an infamous offense, or becomes otherwise incapable of discharging the trust reposed in him; or where letters are revoked with respect to one of them, a successor to the person, whose letters are revoked shall not be appointed, except where such an appointment is necessary, in order to comply with the express terms of a will; but the others may proceed and complete the administration of the estate pursuant to the letters, and may continue any action or special proceeding brought by or against all. From 2 R. S. 78, Part 2, ch. 6, tit. 2, §. 44 (2 Edm. 79), and ch. 460 of 1837, part of § 33 (4 Edm. 493). § 2693. In other cases successor to be appointed. When all the executors or all the administrators, to whom letters have been issued, die or become incapable, as prescribed in section two thousand six hundred and ninety-two, or the letters are revoked as to all of them, the surrogate must grant letters of administration to one or more persons as their successors, in like manner as if the former letters had not been issued; and the proceedings to procure the grant of such letters are the same, and the same security shall be required, as in a case of intestacy, except that the surrogate may, in his discretion, in case where the estate has been partially administered upon by the former representative or representatives, fix as the penalty of the bond to be given by such successor or successors, a sum not less than twice the value of the assets of the estate remaining unadministered. From 2 R. S. 78, §§ 19 and 45, ch. 288 of 1846, remainder of § 33 of the Act of 1837. Am'd by ch. 503 of 1889. ARTICLE SEVENTH. Foreign Wills; Ancillary Letters. SEC. 2694. Testamentary dispositions; what law governs. 2695. Ancillary letters upon foreign probate. 2696. Id.; upon foreign grant of administration. 2697. To whom ancillary letters granted. 2698. Petition; citation. 2699. Hearing; security. 2700. Persons acting under ancillary letters must transmit assets. 2703. Recording wills proved in other states. [Repealed.] § 2694. Testamentary dispositions; what law governs. The validity and effect of a testamentary disposition of real property, situated within the state, or of an interest in real property so situated which would descend to the heir of an intestate, and the manner in which such property or such an interest descends, where it is not disposed of by will, are regulated by the laws of the state, without regard to the residence of the decedent. Except where special provision is otherwise made by law, the validity and effect of a testamentary disposition of any other property situated within the state, and the ownership and disposition of such property, where it is not disposed of by will, are regulated by the laws of the state or country, of which the decedent was a resident at the time of his death. § 2695. Ancillary letters upon foreign probate. Where a will of personal property made by a person who resided without this state at the time of the execution thereof or at the time of his death has been admitted to probate within the foreign country, or within the state or the territory of the United States, where it was executed, or where the testator resided at the time of his death, the surrogate's court having jurisdiction of the estate, must, upon an application made as prescribed in this article accompanied by a copy of the will, and of the foreign letters, if any have been issued, authenticated as prescribed in this article, record the will and the foreign letters, and issue thereupon ancillary letters testamentary, or ancillary letters of administration with the will annexed, as the case requires. From 2 R. S. 67, Part 2, ch. 6, tit. 1, last half of § 68a (2 Edm. 68), and ch. 384 of 1840, § 2 (4 Edm. 501). Am'd by ch. 495 of 1888. § 2696. Id.; upon foreign grant of administration. Upon application by the party entitled as hereinafter provided, or by his duly authorized attorney-in-fact made as prescribed in this article. to a surrogate's court having jurisdiction of the estate, and upon the presentation of a copy, authenticated as prescribed in this article, of letters of administration upon the estate of a decedent who resided at the time of his death without this state but within the United States, granted within the state or territory where the decedent so resided, or, in cases where the decedent, at the time of his death, resided without the United States, upon the presentation to such surrogate's court of satisfactory proof that the party so applying either personally or by such attorney-in-fact, is entitled to the possession, in the foreign country, of the personal estate of such decedent, the surrogate's court to which such copy of such foreign letters so authenticated, or such proof, is so presented, must issue ancillary letters of administration in accordance with such application, except in the following cases: 1. Where ancillary letters have been previously issued as prescribed in the last section. 2. Where an application for letters of administration upon the estate has been made by a relative of the decedent who is legally competent to act, in a surrogate's court of this state having jurisdiction to grant the same, and letters have been granted accordingly, or the application has not been finally disposed of. From 2 R. S. 75, Part 2, ch. 6, tit. 2, § 31 (2 Edm 77). § 2697. To whom ancillary letters granted. Where the will specially appoints one or more persons as the executors thereof, with respect to personal property situated within the state, the ancillary letters testamentary must be directed to the persons so appointed, or to those who are competent to act and qualify. If all are incompetent, or fail to qualify, or in a case where such an appointment is not made, ancillary letters testamentary, or ancillary letters of administration, issued as prescribed in this article, must be directed to the person named in the foreign letters or to the person otherwise entitled to the possession of the personal property of the decedent, unless another person applies therefor, and files with his petition, an instrument, executed by the foreign executor or administrator, or person otherwise entitled as aforesaid; or, if there are two or more, by all who have qualified and are acting; and also acknowledged or proved and certified in like manner as a deed to be recorded in the county, authorizing the petitioner to receive such ancillary letters, in which case, the surrogate must, if the petitioner is a fit and competent person, issue such letters directed to him. Where two or more persons are named in the foreign letters, or in an instrument executed as prescribed in this section, the ancillary letters may be directed to either or any of them, without naming the others, if the others fail to qualify, or if, for good cause shown to the surrogate's satisfaction, the decree so directs. From ch. 403 of 1863, part of § 1 (6 Edm. 144). § 2698. Petition; citation. An application for ancillary letters, testamentary, or ancillary letters of administration, as prescribed in this article, must be made by petition. Upon the presentation thereof, the surrogate must ascertain, to his satisfaction, whether any creditors, or persons claiming to be creditors of the decedent reside within the State; and if so the name and residence of each creditor, or person claiming to be a creditor, so far as the same may be ascertained. Unless such creditors shall file duly acknowlelged waivers of the issuance and service of citation, he must thereupon issue a citation, directed to each person whose name and residence have been so ascertained, and also directed generally to all creditors, or persons claiming to be creditors, of the decedent. Any such person, although not cited by his name, may appear, and contest the application, and thus make himself a party to the special proceeding. From Id., §§ 2 and 3 (6 Edm. 144). Am'd by ch. 717 of 1899. 2699. Hearing; security. Upon the return of the citation, the surrogate must ascertain, as nearly as he can do so, the amount of debts due. or claimed to be due, from the decedent to residents of the state. Before ancillary letters are issued, the person to whom they are awarded, must qualify, as pre scribed in article fourth of this title, for the qualification of an administrator upon the estate of an intestate; except that the penalty of the bond may, in the discretion of the surrogate, be in such a sum, not exceeding twice the amount which appears to be due from the decedent to residents of the state, as will, in the surrogate's opinion, effectually secure the payment of those debts; or the sums which the resident creditors will be entitled to receive, from the persons to whom the letters are issued, upon an accounting and distribution, either within the state, or within the jurisdiction where the principal letters were issued. From part of Id., § 1. § 2700. Persons acting under ancillary letters must transmit assets. The person to whom ancillary letters are issued, as prescribed in this article, must unless otherwise directed in the decree awarding the letters; or in a decree made upon an accounting; or by an order of the surrogate, made during the administration of the estate; or by the judgment or order of a court of record, in an action to which that person is a party; transmit the money and other personal property of the decedent, received by him after the letters are issued, or then in his hands in another capacity, to the state, territory, or country, where the principal letters were granted, to be disposed of pursuant to the laws thereof. Money or other property, so transmitted by him, at any time before he is so directed to retain it, must be allowed to him upon an accounting. § 2701. Id.; when they may be directed to pay, etc., without transmission. The surrogate's court, or any court of the state, which has jurisdiction of an action to procure an accounting, or a judgment construing the will, may in a proper case, by its judgment or decree, direct a person, to whom ancillary letters are issued as prescribed in this article, to pay, out of the money or the avails of the property, received by him under the ancillary letters, and with which he is chargeable upon his accounting, the debts of the decedent, due to creditors residing within the state; or, if the amount of all the decedent's debts here and elsewhere exceeds the amount of all the decedent's personal property applicable thereto, to pay such a sum to each creditor, residing within the state as equals that creditor's share of all the distributable assets, or to distribute the same among the legatees or next of kin, or otherwise dispose of the same, as justice requires. § 2702. Id.; general powers and duties. The provisions of this chapter, relating to the rights, powers, duties and liabilities of an executor or administrator, apply to a person to whom ancillary letters are granted, as prescribed in this article; except those contained in title fifth thereof; or where special provision is otherwise made in this article; or where a contrary intent is expressed in, or plainly to be inferred from, the context. § 2703. Recording will proved in other states. Where real property situated within this state, or an interest therein, is devised, or made subject to a power of disposition, by a will duly executed in conformity with the laws of this state, of a person who was at the time of his, or her death, a resident elsewhere within the United States, or in a foreign country, and such will has been admitted to probate within the state or territory, or foreign country, where the decedent so resided, and is filed or recorded in the proper office as prescribed by the laws of that state or territory or foreign country a copy of such will or of the record thereof and of the proofs or of the records thereof, or if the proofs are not on file or recorded in such office, of any statement, on file or recorded in such office, of the substance of the proofs, authenticated as prescribed in this article, or if no proofs and |