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Letters Testamentary - Concluded

appeal from decree revoking does not stay execution of decree or order appealed from.

books of record...

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not stayed by appeal.

S. C. A..

SECTION

87

16

87

85, 86

87

evidence of authority of persons to whom granted; effect of appeal.. 90

foreign probate, issue on..

general provisions relating to.

159 88-104

granting by surrogate..

.40, 45

jurisdiction of surrogate's court.

.40, 45

limited and restrictive..

89

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non-resident's will, transmission of certified copy to secretary of

persons failing to qualify or renounce, issuance to.

19

96

97

157

persons incompetent to receive.

94

priority among different letters.

91

qualification of executor before issue.

135

record book to be kept by surrogate.

16

records to be indexed; notation on margin..

17

refusal of surrogate to grant, under certain conditions.

95

requisites

88

revocation

accounting on

deposit of securities.

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.99-101, 104

85

230

85, 86

.99

100

101

101

on failure to give new bond or new sureties.

108

petition for

100

record, marginal note..

17

removal of executor as trustee when letters are revoked.

170

stay on appeal from decree revoking.

87

successor must be appointed, when.

93

summarily

104

surrogate's power to revoke

40

survivor may act, when..

93

termination of power on entry of decree.

85

validity of acts of executor..

85

without citation in certain cases.

104

signing at any time or place.....

34

successive or supplementary letters; time, how reckoned on.

92

supplementary, issue on removal of disability of executor. time, how reckoned upon successive letters..

156

92

when to issue..

155

wills of citizens of the United States domiciled in Great Britain and Ireland, issue on..

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proceedings for disposition of real property to satisfy charges, or for distribution

237

211

233

Limitations of Actions

Loss

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statute runs after first judicial settlement of account of executor or administrator

suspension, between presentation of claim and objection made in proceedings to sell real property..

claim by executor or administrator against estate.

from death of decedent until first judicial settlement of account of executor or administrator...

209

237

209

209

period between presentation of claim and rejection on accounting 210 time within which citation or order to show cause must be issued and served after filing petition....

undertaking on appeal, time for beginning action on..

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48

306

265

143

55 60

94

118

.55, 60

64

8

126

26

52

61

32

118

.... 202

Misdemeanor

failure to keep funds of estates separate from personal funds...... 231 Mistake

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payment to successor of representative on order of the court..
retention, decree allowing..

266

269

unpaid, on contract for sale of land, deemed assets in hands of executors, etc.

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judicial settlement where recovery has been had in action for....... 252

New Trial. See Trial.

New York City

clerk's compensation fixed by board of aldermen.

fees of printers...

liability for fees of special guardian.

temporary surrogate, appointment by board of aldermen.

New York County

clerk may authorize other clerks to exercise certain powers.
clerk may sign name of surrogate..

S. C. A.
SECTION

21

287

193

14

32

clerks, appointment, etc..

powers of surrogate...

proof of authority of supreme court to act on disability or dis-
qualification of surrogate.....

referee to take testimony, appointment.

stenographer, appointment and compensation.

fee for copy of testimony..

supreme court; proof of authority of officer designated to act as
surrogate

when to act on disqualification or disability of surrogate.

temporary surrogate, appointment by board of aldermen of New
York city

terms, appointment; publication.

transfer of cases to supreme court.

transfer to supreme court of special proceeding for probate of a
will; order; verdict....

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Civil Practice Act, 140, 147

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executor, guardian or trustee; bond required on objections to grant
of letters to..

97

executors objected to for nonresidence may be required to give bond. incompetent to act as executor, etc....

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of application for order substituting another on disqualification or disability of surrogate.....

12

of probate of will to legatees and devisees.

146

to creditors

Nuncupative Wills

207

execution and tenor must be proved by at least two witnesses...... 141

N. Y. Gity

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appeal does not stay execution unless appellant gives undertaking.. 87

definition

enforcement

78

78

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power to require executors, etc., to perform duties..

opening, vacating, modifying or setting aside by surrogate.

record to be indexed..

20

20

17

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accounting when acting as guardian in socage. granting of administration to father or mother.

40

118

payment of legacy or distributive share of infant to father or mother 271

Parties

additional, bringing in after appeal from surrogate's court...

289

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Parties Concluded

S. C. A.
SECTION

substitution; creditor's action against intestate, appointment of

administrator

on appeal

surrogate's jurisdiction of persons; when and how obtained....

power to compel attendance..

temporary administrator, capacity to sue and defend.

Payment Into and Out of Court

payment into court

absentee's legacy or distributive share...

court and trust fund register to be indexed.

to be kept by clerk...

to be kept by surrogate.

debt not due when account settled.

decree directing, docketing.

decree for money; transcripts; filing.

disposition

distributive share, when to be paid into court.

legacy or distributive share...

legacy or distributive share of infant.

legacy, when to be paid into court..

119

..291, 292, 308

41

20

130

273

17

33

16

269

81

81

229

.271, 273

..271, 273 271

.271, 273

money received by guardian who is not required to give bond.. 180 money recovered on bond of executor, etc., where successor not appointed

115

money to cover claim not due or disputed, on judicial settlement 269 surplus; to satisfy mortgage or other lien accruing during decedent's lifetime

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money where guardian of property is not required to give bond. 180 surplus from sale of property to satisfy mortgage.

250

Pensions

appointment of guardian to receive pension for minor; no fees in surrogate's court

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uncontroverted, constitutes due proof of the facts therein stated. verification

49

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service of citations by mail..

service of notice of entry of judgment on appeal by mail. "specified postoffice" defined.

48-51

55,

49

50

49

314

58

306

314

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