Page images
PDF
EPUB

...... 2004

...........

..... 2483

Surrogate's Court – Continued.
II. SESSIONS AND TERMS OF COURT.

court always open for business
when to attend at office:

2505 appointment of terms in New York county.

2504 signing of decrees, letters and orders during vacation. 2505 when and where court held by county judge.........

2506 list of appraisers, etc., to be published weekly in New York county.

2504 desigration of special surrogate

2483 of acting surrogate..

.......... 2483 county judge who is also surrogate. III. DISQUALIFICATIONS AND DISABILITY OF SURROGATE disqualified as trial juror

1029 who to act as, during vacancy or disability,

2484 transfer of proceedings in Kings county to supreme court in case of vacancy, or disability..

2484 who to act, if surrogate disqualified.

2485 in New York county, supreme court to act in case of vacancy, disability or disqualification.

2486 proof of authority in case of vacancy, disability or disqualifi. cation.

2487 order providing for vacancy, disability or disqualification.. 2488 how temporary authority during vacancy, etc., superseded. 2489 completion of unfinished business of predecessor..

2489 proceedings in supreme court in New York and Kings counties. I.

2490, 2491 appointment of temporary surrogate by supervisors..

2492 compensation of temporary surrogate...

2483 entering and recording acts of persons temporarily acting as. 2494 when disqualified to act as attorney or counsel.

2495 for interest in proceeding.

2498 when objection for special disqualification waived.

2497 surrogate's father or son disqualified to practice.

2529 IV. RECORDS; CLERKS; STENOGRAPHERS, ETC. books and indices to be kept..

2498, 2199 books and papers to be preserved.

25000 books for recording instruments settlingi estates, etc. 2302 fees of clerks for recording such instruments...

2302 maps and surveys filed with surrogate of New York county are presumptive evidence after twenty years....

955 official records of surrogate of New York county are presumptive evidence after twenty years.

955 to make and certify to searches....

961 misdemeanor to refuse, neglect or delay to make scarch 961 to transmit copies of wills, etc., of non-residents to secretary of state.

2503 removal of will for probate in foreign country.

2620, 2635 appointment and removal of clerks.

2508 of clerk of court

2509 powers of clerk of court.

2509 disqualified to act as appraiser, attorney, referee or guardian .....

2509 may examine witnesses on uncontested probate.. 2510 surrogate liable for clerk's acts..

2511 appointment and removal of stenographer in New York and Kings

2512 in other counties

2513 interpreter for, in Kings county.

360 V. POWERS AND DUTIES.

provisions apply although decedent died before enactment... 2482 completion of unfinished business before predecessor.. 2481 signing of records left unsigned by predecessor

2481 ratification of completion of records, etc., of predecessor..... 2482 incidental powers

2481 ... 2481

Surrogate's Court - Continued. V. POWERS AND DUTIES - Continued. power to punish for contempt..

... 2481 to issue citation to issue supplemental citation to bring in necessary parties.

2481 to adjourn.

2481 to issue subpæna

2481 to grant temporary injunctions

2481 to vacate or modify decrees or orders.

2481 to grant new trial

2481 review of determination on appeal

2481 bonds to be acknowledged or proved. disposal of proceeds of sale of real property on death of infant or incompetent

2358 granting leave to executors, etc., to consent to discharge of insolvent debtor.

2153 issuance of letters on judgment establishing will. 1863, 1864 consent of, required by infant plaintiff in partition.

1534 correcting mistakes, omissions, etc..

2538 execution not to issue against decedent's property without leave of.

1380 petition for leave to issue execution against decedent's property.

1381 execution not to issue against executor, etc., without leave. . 1825 application for leave to issue execution against executor, etc. 1826 order granting leave to issue execution against executor, etc. 1826 security on leave to issue execution' on judgment for legacy or distributive share

1827 annual examination of guardian's accounts.

2844 money paid into court to be paid to county treasurer.

2637 control over money paid into court..

:... 2537

VI. ACTION ON OFFICIAL BOND OF SURROGATE. leave to sue

.b. 1886 provisions relative to sheriff's bonds apply...

1889 VII. Process; SERVICE; APPEARANCE.

citations and mandates may be served in any county) ..... 2515 attachment may be executed in any county..

2515 proceedings to be commenced by citation

a.. 2516 what jurisdiction acquired by presentation of petition. 2516 presentation of petition commences proceeding within mean. ing of statute of limitation..

2517 citation when persons constituting a class are unknown.. 2518 contents of citation

2519 service of citation

2520 substitute for personal service of citation on residenti.rit... 2521 service of citation by publication.

2522 on unknown persons.

2523 order for service without state or by publication.

2524 time of service without state

2525 service of citation upon corporation, infant or incompetent person.

2526 designation of person to receive service for infant or incom

petent.
appointment of special guardian ad litem, for incompetent to
exclusion of committee

2527 waiver of citation

2528 appearance; how made

2528 effect of appearance

2528 appointment of special guardian for infant" or incompetent person.

2530 notice of application to appoint special guardian.

2531 proof of service of citation or subpæna.

2532

Surrogate's Court Continued.
VII. PROCESS; SERVICE; APPEARANCE Continued.
mode of publication

2535 general provisions relating to service of papers applicable.... 2538

VIII. PARTIES. See, a.so, “ XIV: 2. Appeals, infra,"

when persons constituting a class or necessary parties....... 2518 inquiry by surrogate to ascertain persons constituting a class. 2518 subpæna to testify as to persons constituting a class..

2518

2533

IX. PLEADINGS.

petition or answer may be presented orally
written and verified pleadings may be required.
form of verification
by whom verified

2533 2534 2534

X. DEPOSITIONS; WITNESSES, ETC.
general provisions for discovery of books and papers ap.
plicable.

2538 as to depositions applicable

2538 may take testimony of infirm witness out of court.

2539 may order testimony of infirm subscribing witness to will to be taken before surrogate of another county..

2540 may appoint referee to take testimony of firm witness in another county.

2540 may issue subpæna to testify to jurisdictional facts on petition for administration.

2662 beneficial interest in will does not disqualify testimony as to execution.

2544

XI. HEARINGS; TRIALS, ETC.
stenographer to take and transcribe notes..

2541 authentication of stenographer's minutes

2542 stenographic minutes to be bound.

2543 reference to stenographic minutes to be noted on record of decree on contested proceeding

2543 exceptions to rulings of surrogate during trial.

2545 to findings and refusals to find.

2545 settlement of case and exceptions

2545 decision to state separately facts found and conclusions of law.

2545 requests to find may be made to surrogate at settlement of

2545 trial by jury of questions of fact arising in proceedings to sell realty to pay debts

2547 transfer to supreme court for trial by jury of proceedings in New York county for probate

2547 Verdict in proceedings to sell real property to pay debts to be reviewed by motion for new trial......

2548

case.

XII REFERENCES.

may appoint clerk or assistant to examine accounts of guard-
ians.

2844 surrogate of New York may refer questions to assistant. 2546 may refer questions of fact to take testimony and report.. 2546 examination and settlement of accounts may be referred. 2546 probate or revocation of probate cannot be referred.

2546 powers of, and procedure before referes....

2546 confirmation of referee's rsport

2846

Surrogate's Court - Continued,
XIII. DECREES AND ORDERS.
“ decree" defined.

2860 decree settling account to contain summary:

2661 revoking letters may require accounting.

2603 admitting to probate to state whether contested or un. contested.

2623. on application for probate of heirship.

2656 directing payment by executor, etc., is evidence of assets.

2552 for money, transcript to be furnished

2553 may be docketed at judgment

2553 execution.

2554 enforcing by punishment for contempt.

2555 commitment for contempt does not bar action on bond. 2555 presumption of satisfaction

376 record of, on contested proceeding to have reference to stenographic minutes

2543 “ final order defined

2550 order " defined.

2556 enforcement.

2556 costs.

... 2668 XIV. APPEALS.

1. How and when taken.

after jury trial of proceedings to sell decedent's real
property to pay debts

2549 when party may appeal

2568 no appeal lies from decree or order on default.

2568 when person not a party may intervene and appeal. 2569 to what court appeal taken

2570 bringing up intermediate orders for review.

2571 time to appeal

2572 service of notice of appeal..

2574 appellate court may supply defects in perfecting appeal. . 1303

2575 2. Parties. necessary parties

2573 bringing in additional parties after appeal...

2573 designation of parties to appeal...

1295, 2575 proceedings when party dies pending appeal. 1298, 2575 substitution of representative of deceased party.. 1297, 2575 order for substitution of representative of deceased party. 1299

27973 fees certifying papers

2567 stipulation waiving certification of papers.

2567 3. Security; undertaking; stay. security may be waived.

1305, 2575 to perfect appeal

2577 undertaking to stay execution of decree.

2578 commitment for disobedience to decree or order.. 2579 amount of undertaking to stay proceedings.

2580 requisites of undertaking,

2581 undertaking must be filed

1307, 2575 new, on insolvency of sureties.

1308, 2575 deposit in lieu of undertaking..

1306, 2576 action on undertaking

1309, 2575, 2581 perfected appeal stays proceedings in cases not expressly provided for.

2584 suspension of decree for probate..

2582 powers of executors, etc., pending appeals from decrees. 2582 appointment of temporary administrator or appraiser not stayed.

2583 removal or suspension of testamentary trustee not stayed. 2583 suspension of executor, administrator or guardian not stayed.

2583 decree revoking probate or letters not stayed.

2583

Surrogate's Court - Continued. it.
XIV. APPEALS Continued.

4. Hédring; determination.
preference of appeals from

791 brings up each decision' excepted to.

2545 reception or rejection of evidence not ground for reversal unless prejudicial

2545 may be on law or facts.

2576 facts reviewable only on case settled.

2576 order of appellate d vision to be transmitted and carried into effect.

2385 appellate court has same power to decide facts as surro.

gate.
appellate court may take further testimony and appoint
referee.

218
judgment or order upon appeal
awarding restitution on reversal.
jury trial upon reversal in probate cases.

2RSS costs...

2550

XV. Costs AND FEES,

may be made payable by party or out of fund...
no costs other than actual expenses when estate less thar

$1,000.
discretionary, except, etc.

23:58 to be awarded of course to successful party on trial of ques.

tion by jury
unsuccessful contestant of probate not entitled t. costs out

of estate.
stenographer's minutes for contestant of probate may be
charged upon estate

23
include disbursements.
to be fixed by surrogate and inserted in decree.
trial fee for each day exceeding two...,

2561 on orders. on motion for new trial before surrogate. of proceeding to compel payment of funeral expenses. of jury trial same as in supreme court... on apneal same as in supreme court. discretionary, allowance on contested and uncontested decrees. 26 additional allowance in settling accounts.... allowance upon sale of real property to pay decedent's debts. 2.63

is in lieu of commissions.
fees of appraiser

of referee, same as in supreine court.
of officers for services, same as in supreme court.

of witnesses, same as in supreme court.
surrogate not to charge or receive fees...
mileage of surrogate for taking testimony out of court.
fees for copies of papers
to report fees received to supervisors...

fees not to be charged when estate less than $1,000.
fees of clerks for recording instruments settling estates,

etc

section 3301, relative to clerk's fees, not applicable. XVI. SPECIFIC PROCEEDINGS IN SURROGATE'S COURT.

probate of wills, see WILLS."

of heirship, see HEIRS.
issuance of letters, see “ LETTERS OF ADMINISTRATION;

" LETTERS TESTAMENTARY.'

of letters of guardianship, see “ GUARDIANS."
regulation and control of executors, administrators, guardians
and testamentary trustees, see EXECUTORS AND ADMINIS-

TRATORS; GUARDIANS; · TRUSTEES.
sale of real property to pay decedents' debts, see
REAL PROPERTY."

[ocr errors]

** SALE

« PreviousContinue »