§ 52. Upon taking charge of the property of any intestate, the ART. 2. county treasurer shall cause the same to be appraised by two disin- Property terested appraisers, to be appointed by the surrogate as in other to be ap praised. cases. § 53. The said appraisers shall make a just and true inventory of Proceed such property, and of the true value of each article; duplicates of ings. which inventory shall be subscribed by them, and verified by their affidavits. They shall be allowed the same compensation, as appraisers under the third title of this chapter. § 54. Within ten days after taking charge of any property, as Inventory. herein authorised, the county treasurer shall return an inventory thereof, signed and verified by the appraisers, to the surrogate of the county, to be by him filed; and shall accompany the same with his affidavit, that the same contains a true and just account of all the effects of the deceased, which have come to his hands or knowledge. for neglect § 55. The time for making such return, may, on good cause Id., penalty shown, be extended by the surrogate ten days longer. Any county to return. treasurer who shall neglect to make such return within the time above prescribed, or within the time so extended, of all the effects of any deceased person, which shall have come to his hands, shall forfeit five hundred dollars, to be sued for, and recovered, by the county superintendents of the poor, for the use of the poor, and shall forfeit his office. § 56. At the time of making such return, the county treasurer Bond, &c. shall give the bond required by law, to be given by any collector of an estate, appointed by a surrogate, with such sureties, and in such penalty, as the surrogate shall approve. The surrogate shall thereupon issue letters to the said county treasurer, authorising him to collect and preserve the estate of the deceased. be pub § 57. Immediately upon the issuing of such letters to collect, the Notice to surrogate shall cause notice thereof, to be published once in each lished. week for three months, in a newspaper printed in his county, and in the state paper, requiring all persons claiming a right to administer on such estate, to appear and interpose such claim, before the surrogate, within a certain time therein to be specified, which shall be at least six months after the first publication of such notice in the state paper. § 58. If before the time appointed in such notice, any person so entitled to administration, shall appear and claim the same, the surrogate shall cause ten days' notice of such claim to be served on the collector appointed, and may proceed to grant letters as aforesaid; and thereupon the publication of the notice specified in the last section shall be discontinued. Letters to claimants § 59. At the time appointed, any person entitled to administra- Id. tion on such estate, and duly qualified and competent, who shall appear and claim the same, shall be entitled to letters testamentary or of administration, as the case may be, as in other cases. [131] thereof. § 60. Upon letters testamentary or of administration being so Effect issued, to any person claiming them, all control and authority of the county treasurer, over the estate of the deceased, shall cease, and he shall deliver all the assets in his hands belonging to such estate, to the person so appointed, after deducting therefrom, the expenses TITLE 6. incurred in securing and preserving the said assets, in obtaining letters to collect, and in publishing the notice herein required, and a reasonable compensation for his services, not exceeding three dollars. for each day necessarily employed, to be allowed and taxed by the surrogate, on the oath of the collector. Letters to county treasurer. Bound to accept them. Evidence of his § 61. If no executor be allowed, and no letters testamentary or of administration be granted by the surrogate, to any person claiming the same as aforesaid, within the time specified in the notice, then, unless it appear that letters testamentary or of administration have already been granted on such estate, by some other surrogate, the surrogate shall grant letters of administration thereon to the county treasurer, as in other cases, upon receiving the like bond, with the like sureties, and in the like penalty, as administrators are required to give. § 62. It shall be the duty of the county treasurer to receive and accept such letters of administration, and to give the bond above required. § 63. Such letters of administration, and the record thereof, and authority. a transcript of such record, duly certified, shall be conclusive evidence of the authority of the county treasurer, in all cases in which the surrogate has jurisdiction by this title. Copy of letters to § 64. The surrogate shall immediately transmit to the comptroller, be sent to a certified copy of all such letters granted by him to the county treasurer; the expense of which copy shall be paid to him out of the state treasury, on the warrant of the comptroller. comptrol ler Powers of county before letters. § 65. Until letters of administration shall be granted as aforesaid, treasurer the county treasurer shall not proceed further in the administration of any estate, than to pay the funeral charges of the deceased, to collect debts, to take possession of, and secure, his effects, to sell such thereof as shall be perishable, and to defray the expenses of the proceedings required by law. Authority § 66. The powers and authority of the county treasurer, in relahow super- tion to the estate of any deceased person, shall be superseded, seded. [132] Effect thereof. 49 Barb., 131. Id. 1. By the production of any letters testamentary, that may have been granted before, or that shall be granted subsequent, to his becoming vested with the authority of an administrator, upon the same estate: 2. By the production of any letters of administration, that shall have been granted to any other person, upon the same estate, before the said county treasurer became vested with the powers of an administrator thereon: 3. By the production of any letters of administration, issued by the surrogate of any county in this state, of which the deceased. was a resident at the time of his death, granted after the county treasurer may have become vested with the powers of an administrator, upon the estate of such deceased. § 67. On his authority being so superseded, he shall deliver over to the executor or administrator so producing such letters, all the assets of the deceased in his hands, after deducting therefrom the allowance for his services, and the expenses incurred, to be taxed and allowed by the surrogate as aforesaid. § 68. All acts done by such county treasurer, in good faith, previous to such notice, shall be valid; and all suits commenced by ART. 2. him, may be continued by and in the name of the executor or administrator who shall succeed him in the administration of the estate, in relation to which such suit may be brought. adminis § 69. Upon receiving letters of administration, the county Powers as treasurer shall be vested with all the powers and rights of other trator. administrators, and shall be subject to the same duties and obligations, except as herein otherwise provided. count. § 70. Within one year after receiving letters of administration, To ac the person so appointed shall account on oath to the surrogate of his county, for all assets of such estate received by him, and for the application thereof; and proceedings may be had at the instance of any person interested, or of the attorney-general, or the comptroller, to compel such account. ances; balance. § 71. On the settlement of his accounts, he shall be allowed for Allowhis expenses as other administrators, and for his services, double the payment of commissions allowed them by law. The balance of any monies in 2 Dem., 651. his hands, shall be paid into the treasury of the state, for the benefit of such persons as shall be entitled to receive the same. comptrol § 72. The county treasurer of every county, shall exhibit to the Account to comptroller of the state, at the time of rendering his account of ler. taxes, in each year, a statement, on oath, of all the monies received by him, for commissions, services and expenses, and of the total amount of his receipts and expenditures, in each case in which he shall have taken charge of and collected any effects, or in which he shall have administered on any estate, during the preceding year; with the name of the deceased, his addition, the place of his residence at the time of his death, if the same be known, and the place from which he came, if he was not a resident of this state at the time of his death. [133] lished; § 73. The county treasurer shall cause a copy of every statement To be pubmade by him, to be published for three weeks, once in each week, in penalty for a newspaper printed in his county, and in the state paper; the ex- neglect. pense of which shall be retained by him out of any balance in his hands, payable into the state treasury. For a neglect to comply with this provision, he shall forfeit one hundred dollars, to be recovered by the attorney-general, for the use of the people of this state. The comptroller shall give notice to the attorney-general, of every such omission. money state § 74. Any person claiming any moneys that shall have been paid Claims to into the state treasury by any county treasurer, pursuant to this title, paid into or by any administrator pursuant to section eighty-one of title three treasury by public of this chapter, may present a petition to the supreme court, praying adminis that such moneys may be paid to him; and a copy of such petition trators. shall be served upon the attorney-general fourteen days previous to the time when the same shall be presented. [Thus amended by L. 1877, ch. 456.] order § 75. The chancellor may make such order as he shall judge ex- Who may pedient, to ascertain the rights of the claimant, either by a reference money to be paid. to a master, or by awarding an issue, or otherwise; and may grant an order, directing the payment of any monies that shall appear to be due to such claimant, without any interest thereon, and deducting TITLE 6. To be paid by comptroller. any expenses that may have been incurred on the part of the state, in relation to such balance. § 76. Upon the production of a certified copy of such order, the comptroller shall draw his warrant on the treasury, for the amount therein specified; which shall be paid by the treasurer, to the person entitled thereto. [Supplementary Article.] ARTICLE 24. OF THE PUBLIC ADMINISTRATOR OF KINGS County. L. 1871, Chap. 335-An act to authorize the appointment of a person to be public administrator in the county of Kings, and to determine the powers and duties of such officer. Appointment of public administrator; his term of office. SECTION 1. Within ten days after the passage of this act the surrogate of the county of Kings, and county treasurer of said county, are hereby authorized to appoint a public administrator for the county of Kings, and thereafter, from time to time, as often as a vacancy in the office shall occur, to appoint a competent person to be the public administrator in the county of Kings, who shall hold his office for the term of five years, unless sooner removed for cause. 30 Hun, 401. Oath of office and official bond. § 2. The person so appointed, before entering upon the duties of his office, shall take and subscribe before the county clerk of Kings county, or a justice of the supreme court, or the county judge of Kings county, the oath prescribed by the Constitution of the state of New York, and shall execute a bond, with such sureties as shall be approved by a justice of the supreme court, or the county judge of Kings county, to the said county of Kings, in the penal sum of fifty thousand dollars, conditioned for the faithful discharge of all the duties of his office, and that he will fully and correctly account for and pay over all moneys and property that may come into his hands as such public administrator, according to law, which bond shall be filed with the clerk of the county of Kings. Commissions upon property of intestates. § 3. The public administrator shall be entitled to retain, from all moneys or property of any intestate that may come into the hands, after deducting all actual and necessary expenses incurred, the same commissions as are now allowed by law to executors or administrators. Powers of public administrator. § 4. Such public administrator shall have the prior right and authority to collect, take charge of and administer upon the goods, chattels, personal estate and debts of persons dying intestate, and for that purpose to maintain suits as such public administrator as any executor or administrator might by law in the following cases: I. Whenever such person shall die leaving any assets or effects in the county of Kings, and there shall be no widow, husband or next of kin entitled to a distributive share in the estate of said intestate, resident in the state, entitled, competent or willing to take out letters of administration on such estate. 2. Whenever assets or effects of any person dying intestate shall, after his death, come into the county of Kings and there shall be no person, as aforesaid, entitled, competent or willing to take administration of such estate. In the above cases, intestacy shall be presumed until a will shall be proven, and letters testamentary issued thereon. [Thus amended by L. 1882, ch. 124.] 1 Dem., 475; 30 Hun, 401; 94 N. Y., 544. Laws applicable. § 5. All provisions of law conferring jurisdiction, authority, or power upon, or otherwise relating to the office of public administrator of the city of New York and to the office of public administrator in the several counties of this state, so far as applicable, are hereby declared to apply to, and are conferred upon, the office hereby created. Surrogate may issue letters of collection. § 6. The surrogate of the county of Kings, in cases where now authorized by law to issue letters of collection, may, in his discretion, issue letters of collection to such public administrator without further security than required by this act. No salary to be paid. § 7. Such public administrator shall receive no salary for his services. |