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come receivable by him from any funds of which the general guardian will not have possession, conditioned that the guardian will, in all things, faithfully discharge the trust reposed in him, and obey all lawful directions of the surrogate touching the trust, and that he will, in all things, render a just and true account of all moneys and other properties received by him, and the application thereof, and of his guardianship, whenever required so to do, by a court of competent jurisdiction; but the surrogate may, in his discretion, limit the amount of the bond to not less than the value of the personal property, and of the rents and profits of the real property, or such annual income receivable by him, for the term of three years.

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Where the property of the infant does not exceed the sum, or value, of five thousand dollars, as shown by the petition, the surrogate may, in his discretion, make an order dispensing with such bond wholly or partly, and directing that the guardian collect and receive the moneys and property of his ward jointly with a person designated in the order, and that all such moneys and other property, so far as the same are conveniently capable of deposit, shall be deposited in the name of such guardian, subject to the order of the surrogate, with such bank, savings bank, trust company, or safe deposit company as shall be designated in such order, and shall be withdrawn or removed only on the order of the surrogate.

The letters issued thereupon shall contain the substance of the order.

The cost of safe deposit box shall be a county charge.

§ 2. This act shall take effect September first, nineteen hundred In effect and twenty-five.

Sept. 1, 1925.

CHAPTER 574

AN ACT to amend the surrogate's court act, in relation to the persons entitled to letters of administration.

Became a law April 9, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

amended.

Section 1. Section one hundred and eighteen of the surrogate's § 118 court act as amended by chapter two hundred and fourteen of the laws of nineteen hundred and twenty-three,' is hereby amended to read as follows:

§ 118. Who entitled to letters of administration. Administration in case of intestacy must be granted to the persons entitled to take or share in the personal property, who are competent and will accept the same, in the following order:

1. To the surviving husband or wife.

2. To the children.

2 Formerly "two thousand dollars."

1 Previously amended by L. 1921, ch. 201.

In effect Sept. 1, 1925.

3. To the grandchildren.

4. To the father or mother.2.
5. To the brother or sisters.1

6.5 To any other next of kin entitled to share in the distri-
bution of the estate, preference being given to the person entitled
to take the largest share in the estate, except as hereinafter
provided.

If a person entitled to take all the personal estate is an infant, or an incompetent, or has died, his guardian, committee or legal representative, as the case may be, shall have a prior right to letters in his place and stead.

If all the persons entitled to take the personal estate are infants, or adjudged incompetents, or, if no adult or competent person entitled to take or share in the estate will accept the same, letters may be granted to the general guardian of an infant or to the committee of an incompetent, in the place of such infant or incompetent.

If no person entitled to take or share in the estate will accept the same or an appointment is not made by consent as hereinafter provided, then administration shall be granted as follows:

a. To the public administrator.

b. To the county treasurer of the county, or to the petitioner, in the discretion of the surrogate.

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c. To any other person or persons.

"If several persons have an equal right to administration, there shall be no preference on account of sex, but that person must be appointed, who will, in the judgment of the surrogate, best manage the estate of the intestate. Relatives of the whole blood must be preferred to those of the half blood. If there are several persons equally entitled to administration, the surrogate may grant letters to one or more of such persons. Administration may be granted to one or more competent persons, jointly with a person entitled upon the application of a person entitled to take or share in the personal property, or to a competent person or persons not entitled, upon the consent of all the persons entitled to take or share in the estate whether within or without this state and competent, which consent must be in writing, and filed in the office of the surrogate. For the purposes of this section a trust company or other corporation authorized to act as administrator shall be included in the word

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'person.

§ 2. This act shall take effect September first, nineteen hundred and twenty-five.

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2 Words or mother new. Former subd. 5 omitted.

3 Formerly subd. 6.

4 Words" or sisters" new. Former subd. 7 omitted.

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5 Formerly subd. 8.

6 Following sentence formerly read: "If several persons have an equal right to administration, they must be preferred in the following order: First, men to women; second, relatives of the whole blood to those of the half blood; third, unmarried women to married."

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CHAPTER 575

AN ACT to amend the surrogate's court act, in relation to examination of witnesses to wills before filing objections.

Became a law April 9, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and forty-one1 of the surrogate's court act is hereby amended to read as follows:

§ 141. Witnesses to be examined; proof required. Before a written will is admitted to probate, two, at least, of the subscribing witnesses must be produced and examined, if so many are within the state, and competent and able to testify. Where the will is on file in a court or public office, of another state of the United States, or in a court, or public office, of a foreign country, and under the laws of such state or country, the will cannot be removed, the surrogate may issue a commission to take the testimony in the matter; or where the will is brought to the surrogate's court by a representative of a public office of a state or country, the surrogate may take the testimony in the matter and permit said representative to return the will to said state or country, and the testimony so taken and the decree admitting a will upon such testimony shall have the same force and effect as though the will had been filed or had remained in the surrogate's office. Before a nuncupative will is admitted to probate, its execution and the tenor thereof must be proved by at least two witnesses. The proofs must be reduced to writing. Any party to the proceeding, before filing objections to the probate of said will, may request the oral examination of the subscribing witnesses thereto3 and may examine such witnesses and any other witness produced by the proponent before the surrogate, 'without first filing objections to the probate of such will.

8 141 amended.

§ 2. This act shall take effect September first, nineteen hundred In effect and twenty-five.

1 As amended by L. 1922, ch. 653.

2 Words "before filing objections to the probate of said will," new.

3 Word"thereto " substituted for words "to the will."

4 Remainder of sentence new.

Sept. 1, 1925.

§ 138 amended.

In effect Sept. 1, 1925.

CHAPTER 576

AN ACT to amend the surrogate's court act, in relation to probate of wills of citizens of the United States domiciled in the United Kingdom of Great Britain and Ireland.

Became a law April 9, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and thirty-eight of the surrogate's court act is hereby amended to read as follows:

§ 138. Probate of wills of citizens of the United States domiciled in the United Kingdom of Great Britain and Ireland. The last will and testament of any person being a citizen of the United States, or, if female, whose father or husband previously shall have declared his intention to become such citizen, who shall have died, or hereafter shall die, while domiciled or resident within the United Kingdom of Great Britain and Ireland, or any of its dependencies, which shall affect property within this state and which shall have been duly proven or established' within such foreign jurisdiction,2 shall be admitted to probate in any county of this state wherein shall be any property affected thereby, upon filing in the office of the surrogate of such county, and there recording, a copy of such last will and testament, certified under the hand and seal of a consul-general of the United States resident within such foreign jurisdiction, together with the proofs, if any, of the said last will and testament, made and accepted within such foreign jurisdiction, certified in like manner. Letters testamentary on such last will and testament shall be issued to the persons named therein to be executors and trustees, or either thereof, or to those of them who, prior to the issuance of such letters, by formal renunciation, duly acknowledged or proven, and duly certified, shall not have renounced the trust therein devolved upon them; provided, that before any such will shall be admitted to probate in any county of this state, the same proceedings shall be had in the surrogate's court of the proper county as are required by law upon the proof of the last will and testament of a resident of this state who shall have died therein; except that there need be cited upon such probate proceedings only the beneficiaries named in such will.

§ 2. This act shall take effect September first, nineteen hundred and twenty-five.

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CHAPTER 577

AN ACT to amend the surrogate's court act, in relation to dispensing with service of citation upon the attorney-general when all of the parties interested are nonresident aliens.

Became a law April 9, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision three of section fifty-four of the sur- 54, rogate's court act is hereby amended to read as follows:

3. In every case where it appears that there is no heir-at-law or next of kin, as the case may be; or that it is not known whether or not there be such; the citation shall be issued to the attorneygeneral of the state.

subd. 3 amended.

§ 2. This act shall take effect September first, nineteen hundred In effect and twenty-five.

Sept. 1, 1925.

CHAPTER 578

AN ACT to amend the surrogate's court act, in relation to the parties to be cited upon the voluntary judicial settlement of an account.

Became a law April 9, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section two hundred and sixty-two of the surrogate's 262 court act is hereby amended to read as follows:

Upon a volun

§ 262. Voluntary judicial settlement; citation. tary judicial settlement of the account of an executor, administrator, guardian or testamentary trustee there must be cited: 1. All creditors or persons claiming to be creditors of the decedent, except such as by vouchers filed with the account appear to have been paid.

2. The sureties on his official bond, if any.

3. All co-executors, administrators, guardians or trustees who do not join in the petition.

4. The successor, if a successor has been appointed, in a case where the petitioner's letters have been revoked, or he has been removed, and if no successor has been appointed, all the persons interested who are required to be cited by this section.

5. The attorney-general in all cases where the decedent, ward or beneficiary died intestate as to any part of the estate or fund leaving no known heir-at-law or next of kin.

6. The widow or husband, if any, and all the heirs-at-law where the decedent, ward or beneficiary died intestate as to any real property, and all his next of kin where he died intestate as to 1 Words or when all of the parties interested are nonresident aliens," omitted.

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amended,

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