$2699. Upon the return of the citation, the surrogate 128 N. Y. 7u must ascertain, as nearly as he can do so, the amount of debts due, or claimed to be due from the decedent to residents of the State. Before ancillary letters are issued, the person, to whom they are awarded, must qualify, as prescribed in article fourth of this title. for the qualification of an administrator upon the estate of an intestate; except that the penalty of the bond may, in the discretion of the surrogate, be in such a sum, not exceeding twice the amount which appears to be due from the decedent to residents of the State, as will, in the surrogate's opinion, effectually secure the payment of those debts; or the sums which the resident creditors will be entitled to receive, from the persons to whom the letters are issued, upon an accounting and distribution, either within the State, or within the jurisdiction where the principal letters were issued. § 2700. The person to whom ancillary letters are issued, as prescribed in this article, must, unless otherwise directed in the decree awarding the letters; or in a decree made upon an accounting; or by an order of the surrogate, made during the administration of the estate; or by the judgment or order of a court of record, in an action to which that person is a party; transmit the money and other personal property of the decedent, received by him after the letters are issued, or then in his hands in another capacity, to the state, territory, or country, where the principal letters were granted, to be disposed of pursuant to the laws thereof. Money or other property, so transmitted by him, at any time before he is so directed to retain it, must be allowed to him upon an accounting. § 2701. The surrogate's court, or any court of the State, which has jurisdiction of an action to procure an accounting, or a judgment construing the will, may, in a proper case, by its judgment or decree, direct a person, to whom ancillary letters are issued as prescribed in this article, to pay, out of the money or the avails of the property, received by him under the ancillary letters, and with which he is chargeable upon his accounting, the debts of the decedent, due to creditors residing within the State; or, if the amount of all the decedent's debts, here and elsewhere, exceeds the amount of all the decedent's personal property applicable thereto, to pay such a sum to each creditor, residing within the State, as equals that creditor's share of all the distributable assets, or to distribute the same among legatees or next of kin, or otherwise dispose of the same, as justice requires. 75 Hun, 154. 226. Civ. Pro, ǝi Hun, 337. 2702. The provisions of this chapter, relating to the rights, powers, duties, and liabilities of an executor or administrator, apply to a person to whom ancillary letters are granted, as prescribed in this article; except those contained in title fifth thereof; or where special provision is otherwise made in this article; or where a contrary intent is expressed in, or plainly to be inferred from, the con text. § 2703. Recording wills proved in other states, etc. [Am'd 1888, 1897, amendment to take effect September 1, 1897.] -Where real property situated within this state or an interest therein, is devised, or made subject to a power of dis position, by a will, duly executed in conformity with te laws of this state, of a person who was, at the time of his death, a resident elsewhere within the United States, and such will has been admitted to probate within any state or territory of the United States and is filed or recorded in the proper office as prescribed by the laws of that stat or territory, a copy of such will or of the record thereof and of the proofs or of the record thereof, or if the proofs are not on file or recorded in such office, of any statement, on file or recorded in such office, of the substance of the proofs, authenticated, as prescribed in this article, or if no proofs and no statement of the substance of the proofs be on file or recorded in such office, a copy of such will, or of the record thereof, authenticated as prescribed in this article, accom. panied by a certificate that no proofs or statement of the substance of proofs of such will, are or is on file, or recorded in such office, made and likewise authenticated as prescribed in this article, may be recorded in the office of the surrogate of any county of this state, where such real property is situated; and such record in the office of such surrogate, or an exemplified co y thereof, shall be presumptive evidence of such will, and of the execution thereof, in any action or special proceeding relating to such real property. § 2704. Papers recorded, etc.; how authenticated. [Am'd 1888, 1897, ammendment to take effect September 1, 1897,] -To entitle a copy of a will admitted to probate or letters testamentary or of letters of administration, granted in any other state or in any territory of the United States, and of the proofs or of any statement of the substance of the proofs of any such will, or of the record of any such will, letters, proofs or statem nt, to be recorded or used in this state as provided in this article, such copy must be authenticated by the seal of the court or officer by which or by whom such will was admitted to probate or such letters were granted, or having the custody of the same or of the record thereof, and the signature of a judge of such court, or the signature of such officer and of the clerk of such court or officer, if any; and must be further auth nticat d by a certificate under the great or principal seal of such state or territory, an the sig. n ture of the officer who has the custody of such seal, to the effect that the court or officer by which or whom such will was admitted to probate or such letters were granted, was du'y authorized by the laws of such state or territory to admit such will to probate or to grant sich letters; that the will, or letters, or records, the accompanying copy of which is so authenticated, is or are kept pursuant to those laws, by such court or by the officer who authenticated such copy; that the seal of sch court or officer affixed to such copyis genuine, and that the officer making such certificate under such seal of such state or territory verily believes that each of th signatures attesting such copy is genuine; and to entitle any certificate concerning proofs accompanying the copy of the will or of the record so anthenticated, to be recorded or used in this state, as provided in this article, such certificate must be under the seal of the court or officer by which or whom such will was admitted to probate, or having the custody of such will or record, and the signature of a judge or the clerk of such court, or the signature of such officer, authenticated by a certificate under such great or principal seal of such state or territory, and the signature of the officer having the custody thereof, to the effect that the seal of the court or officer affixed to such certificate concern ing proofs is genuine, and that such officer making such certificate under such seal of such state or territory, verily believes that the signature to such certificate concerning proofs is genuine. To entitle a copy of a will admitted to probate or of letters testamentary or of letters of administration granted in a foreign country, and of the proofs or of any statement of the substance of the proofs of any such will or of the record of any such will, letters, proofs or statement to be recorded or used in this state as provided in this article, such copy must be authenticated by the seal of the court or officer by which or by whom such will so admitted to probate or such letters were granted or having the custody of the same or of the record thereof and the signature of a juige of such court or the signature of such officer and of the clerk of such court or officer, if any; and must be further authenticated by a certificate under the principal seal of the department of foreign affairs or the department of justice of such foreign country and the signature of the officer who has the custody of such seal to the effect that the seal or officer by which or by whom such will was admitted to probate or such letters were granted was duly authorized by the laws of such foreign country to admit such will to probate or to grant such letters; that the will, letters or records, the accompanying copy of which is so authenticated is or are kept pursuant to those laws by such court or by the officer who authenticated such co, y and that the seal of such court or officer affixed to such copy is genuine. That the officer making such certificate under such seal of the department of foreign affairs or of the department of justice of such foreign country verily believes that each of the signatures attesting such copy is genuine and the seal of such department of foreign affairs or department of justice of such The Union Surety and Guaranty Co. foreign country and the signature of the officer having the custody of such seal shall be attested by a United States consul and to entitle any certificate concerning proofs accompanying the copy of the will or of the record so authenticated to be recorded or used in this state as provided in this article, such certificate concerning proofs must be similarly authenticated and attested. § 2705. [REPEALED.] TITLE IV. Proceedings by or against an executor or administrator, touching the administration and settlement of the estate. ARTICLE 1. Aid, supervision, and control, of an executor or administrator. 2. Accounting; and settlement of the estate. |