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Trial Continued.
IV. BY COURT Continued.

issues in condemnation proceedings.
when jury waived and judge assents.
method of waiving trial by jury.
requests for rulings by court..

102 when decision to be filed.

See “Decision."
new trial for failure to file within time limited..

1010 order upon motion for new trial for failure to file decision within time limited..

1010 costs upon order for new trial for failure to file decision within time limited

reference of issues, etc., see REFERENCE; REPORT."
for report, see

time for filing decision in city court of New York.

3173 exceptions to rulings of surrogate during trial.

to findings of surrogates and refusals to find. Trial Term.

to be held by one judge..
appointment of.

of extraordinary terms
place of holding

contempt at, may be punished at special term. Troy, Justice's Court of.

is not a court of record..
jurisdiction of summary, proceedings to dispossess.
service of complaint with summons..

3207, 3206
who may serve summons
proof of service
action commenced by service of summons.
arrest, attachment and replevin in..

3210, 211
answer raising title to real property.
appeal to county court
effect of provisions on jurisdiction and proceedings.
jurisdiction of civil actions.

of action for penalties
may enter judgment by confession
docketing judgments.
execution on judgment

provisions made applicable to
property held in, not reached hy, creditor's action.

1879 by supplementary proceedings income subject to execution on judgment for necessaries, etc..

1391 not affected by revocation of letters of testamentary trustee. sheriff's deed to executor or administrator is in trust for heirs

of devisee

sale on execution of real property held in trust. Trast Companies.

designation of depositories of court funds...
accounts of depositories of court funds..
certificates to deposit of court funds.
agreement with sureties for deposit with.
appointment as special guardian of infant on application to sell

real property.
excepted from provisions for voluntary dissolution,
securties of decedent's estate may be deposited with, to reduce

penalty of bond
deposit of decedent's funds or property by direction of surro-

may receive deposits from temporary administrators..
deposit of infant's share of proceeds of land sold to pay dece
dent's debts..

of property of person confined for crime, see

powers, appointment, etc., on application for discharge of in-

solvent debtor, see INSOLVENT DEBTORS.'
title to securities representing money paid into court.

749 reference on application for appointment of.

827 trustee for infant holding over liable for full profits.. 1664 may consent to discharge of insolvent debtor with leave of supreme court.


trustee of express trust defined.

449 limitation of action for money, etc., received by.

410 may sue without joining beneficiary....

449 action on securities representing money paid into court.

749 jurisdiction of justice's court...

2865 joinder of causes of action against.

484 order of arrest in actions for funds or property misapplied... 549 in justice's court. .

2895 not to be arrested when sued as representative..

555 appearance in condemnation proceeding..

3363 executor, etc., deemed trustee for purpose of continuing action.

1828 substitution of successor on death or removal.

766 on death or removal, successor may continue action

766 counterclaim in action by...

502 by or against, in justice's court.

2946 preference of actions by or against trustee for infant.

791 execution against property in hands of...

1371 leave to sue on bond of trustee appointed by court.

1890 action against beneficiaries for costs and expenses incurred.. 1916 when personally liable for costs..

3246 costs against, payable from estate.

3246 security for costs discretionary.

3271 costs in condemnation proceedings.

3372 III. TestamenTARY TRUSTEES.

1. In general.
“ testamentary trustee defined....

251-4 jurisdiction of surrogate over conduct and accounts of... 2472 appointment of successor on death or renunciation.

2919 provisions applicable though trust created before enactment

2019 application of provisions.

2820 direction as to custody of money and property where cotrustees disagree.

2602 determination of controversies.

2812 retention or deposit of fund pending controversy. 2812 decree directing payment is evidence of assets.

2552 preference of actions by or against... petition to compel payment of debt, legacy, etc..

2804 citation,

2804 dismissal of petition on verified answer of trustee. 2805 citation of other persons interested.



2. Bond.
petition for security.

2815 how security given.

2816 deposit of securities to reduce penalty of bond.

2595 sureties liable for money received in another capacity. 2596 application for order for new bond or new sureties. 2597 order requiring new bond to be given..

2598 application by sureties to be released..

812, 2600


Trustees Continued.
1.2. Bond - Continued.

revocation of appointment for failure to give new bond. 812
release of old sureties on giving new bond..

2601 when bond may be prosecuted.

2607 3. Resignation and removal. resignation of trust. ,

2814 grounds for removal,

2817 petition for removal

2817 appointment of successor.

2818 removal for failure to give new bond. removal or suspension not stayed by appeal.

2583 resignation when also executor or administrator.

2819 removal when also executor or administrator.

2819 decree revoking letters testamentary not to affect trusts. . 2688 4. Accounting. judicial settlement" of accounts defined.

2514 “intermediate account" defined.

2514 by executor, etc., of deceased trustee.

2606 voluntary annual accounting

2802 intermediate accounting.

2802 decree on voluntary intermediate accounting.

2802 commissions on voluntary annual accounting.

2802 compulsory intermediate accounting

2803 judicial settlement of accounts

2807 who may apply for compulsory accounting.

2808 citation on compulsory accounting

2808 order that trustee account.

2809 petition by trustee for voluntary judicial settlement. 2810 citation on voluntary, petition

2810 any person interested may appear.

2810 accounting on resignation of trust.

2814 revival and continuance of accounting on death of trustee. 2006 affidavit to account; vouchers..

2729, 2810 examination of accounting party..

2729, 2810 determination of claim of trustee.

2731, 2810 reference by surrogate of examination and settlement of accounts.

2546 decree settling account to contain summary

2551 decree for payment and distribution.

2811 effect of decree settling account...

2813 .commissions for services.

2730, 2810 additional allowance for costs in settling accounts. 2562 commissions on voluntary annual accounting.


U. Undertakings. 1. RequisITES, FORM AND SUFFICIENCY. to be acknowledged.

810 party need not join with sureties.

811 one surety sufficient, unless, etc..

811 fidelity, or surety company equivalent to two sureties.

811 execution of, by fidelity or surety company.

811 form.

812 affidavit of sureties or party

812 approval by court or judge.

812 petition by surety to be relieved,

812 accounting by principal on petition of surety to be relieved. 812 revocation of appointment of principal for failure to give new bond.

812 agreement for deposit with trust company or safe-deposit company.


Undertakings - Continued.
to be filed.

816 reference to approve.

827 justification by fidelity or surety company

811 when several sureties may justify in smaller sum.

813 notice of justification in N. Y, city court.....

3161 amending defects in.

730 immaterial variance from statutory requisites does not affect. 729 not affected by change of parties..

815 not impaired by removal of action from county court.

346 putting in fictitious surety punishable as civil contempt.. 14 II. IN PROVISIONAL REMEDIES. 1. Arrest. for order of arrest,

559, 560 motion to increase security.

567, 568 of bail to procure discharge.


2. Injunction.
on granting of injunction...

by defendant to indemnify plaintiff for vacating, 629
3. Attachment.
on obtaining warrant.

640, 642 on levy of attachment on goods aboard ship.

652 by plaintiff to sheriff on claim to property.

658 action on, on attachment of vessel

664, 665 by plaintiff, on attachment of foreign vessel.

668 to discharge attachment of foreign vessel on claim of title.

670 on application to discharge attachment

688 by one of several defendants

089 justification of sureties on application to discharge attach. ment.

690 on application by partner to discharge attachment.

694 proceedings to ascertain sufficiency of sureties on discharge of attachment.

695 by junior attaching creditor to prevent release of foreign vessel.

701 delivery of, to defendant on discharge of attachment.... 710 III. IN SPECIFIC ACTIONS AND PROCEEDINGS. as security for costs...

3273 for restitution on judgment by default when summons served by publication.


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Bills and notes.

of indemnity on recovering judgment on lost bill or note. 1918 Certiorari. to procure stay of proceedings pending certiorari to re.



to procure discharge from warrant of attachment in con.
tempt pending hearing

of person committed for contempt of order restrain.
ing waste of property sold...

1445 Dower. by doweress for restitution if appeal successful.. 1610


Undertakings — Continued.


by person designated in order, to whom execution is di-

1362 for release of partnership property from levy.

1414 by creditor on claim to property levied on..

1419 on leave to issue execution on judgment for legacy or distributive share..

1827 Jail liberties. for jail liberties.

150 is indemnity to sheriff and creditor...

151 prisoner committed if surety insufficient.

152 Liens on vessels.

in proceedings to enforce liens.. ... 3421, 3436, 3438 Notice of pendency of action.

1671 on application to cancel. for cancellation of notice in creditor's action.

1674 Partition. by guardian ad litem....

1536 by party to refund share paid over.

1584 Replevin. of plaintiff.

1699 exception by defendant to plaintiff's sureties.

1703 justification of plaintiff's sureties...

1703 by defendant, to reclaim property..

1704 notice of justification on defendant's undertaking.

1704 to indemnify sheriff against claim of third person. 1711 action on. . . ....


1. In general.
respondent may waive security,

1305 deposit, in lieu of undertaking

1306 to be filed.

1307 order for new undertaking..

1308 when action may be begun on undertaking.

1309 on appeal by municipal corporation...

1314 to suspend sale of realty pending appeal from refusal of specific performance.

1323 to stay execution pending appeal from inferior to supreme court.

1341 to stay orders pending appeal from inferior, to supreme court.

1343 to stay execution on appeal to appellate division.

1352 To court of appeals. to perfect appeal.

1326 to stay execution for money.

1327 to stay judgment for sale or possession of real property.

1331 to stay execution on appeal from judgment or order of affirmance.

1332 two or more, may be in one instrument.

1934 sureties.

1334 service of undertaking and notice of filing.

1334 need not be approved..

1335 notice of exception to sureties.

1335 justification of sureties.

1335 notice of justification.

1335 reference on justification of sureties..

1335 expenses of reference on justification of sureties... 1385

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