Motions and orders.-Matter of Tilden (1922), 117 Misc. 656. Commission to take testimony.-Matter of Shannon, 180 App. Div. 214, 167 N. Y. Supp. 472. Cross-application of other provisions of code.Matter of Zimmerman, 104 Misc. 516. - Examination of party or witness before_trial.People ex rel. Lewis v. Fowler, 229 N. Y. 84; Matter of Carter, 193 App. Div. 355, 184 N. Y. Supp. 39; Matter of Hodgman, 113 Misc. 215, 184 N. Y. Supp. 185; Matter of Levy (1921), 198 App. Div. 773, 191 Ñ. Y. Supp 95, Physical examination.-Matter of Leland 175, App. Div. 56, 161 N. Y. Supp. 315. Public administrator.-Matter of Hammer, 105, Misc. 721, 174 N. Y. Supp. 887. Jury trial.-Matter of Dorsey, 94 Misc. 566, 157 N. Y. Supp. 662. § 317. Effect of this act on laws applicable to certain counties. Nothing in this act shall repeal, amend or modify any existing law specially applying to any county, which is inconsistent with any section of this act nor in any manner affect any litigation, action or special proceeding pending on September first, nineteen hundred and fourteen, except as hereinafter stated, and such pending action or special proceeding shall proceed under the practice established, the same as though not affected by this act; provided, however, that the provisions of this act relating to the trial by jury of controverted questions of fact shall apply to all such pending actions or special proceedings. Derivation.-Code civ. proc., § 2771, as am. by L. 1915, ch. 574, without change. Application.-Matter of Kent, 169 App. Div. 388, 155 N. Y. Supp. 894; Alfred University v. Frace, 193 App. Div. 279, 184 N. Y. Supp. 216; Matter of Kennedy, 110 Misc. 92, 179 N. Y. Supp. 765. Effect on jurisdiction.-Matter of Silverman, 87 Misc. 571, 151 N. Y. Supp. 382; Matter of Hammer, 105 Misc. 721, 174 N. Y. Supp. 887. Pending litigation.-Matter of Iovinella, 166 App. Div. 460, 151 N. Y. Supp. 1007; Raught v. Weed, 170 App. Div. 188, 155 N. Y. Supp. 1053; Matter of Cutter, 175 App. Div. 647, 162 N. Y. Supp. 545; Matter of Spooner, 87 Misc. 170, 150 N. Y. Supp. 136; Matter of Iovinella, 88 Misc. 224, 150 N. Y. Supp. 689; Matter of Scovill, 88. Misc. 364, 150 N. Y. Supp. 1070. Taxation of costs.-Matter of Cunningham, 87 Misc. 172, 150 N. Y. Supp. 431. 880 ARTICLE 19 Laws repealed; when to take effect Section 318. Laws repealed. 319. When to take effect. § 318. Laws repealed. The sections of the code of civil procedure specified in the schedule hereto annexed, and all acts amendatory thereof or supplemental thereto in force when this act takes effect are hereby repealed. When two numbers in such schedule are united by a hyphen both such numbers are included as well as all intermediate numbers. § 319. When to take effect. This chapter shall take effect October first, nineteen hundred and twenty-one. (Am. by L. 1921, ch. 201, in effect Oct. 1, 1921.) The amendment of 1921 postponed the taking effect of this act from April 15 to Oct. 1. 1921. SCHEDULE OF LAWS REPEALED. Code of Civil Procedure, §§ 961, 1822, 2472-2664, 2664-ai 2665-2771. 881 Meticaí temporary administrator, powers as to real property and providing for family. when and how appointed... 131 126 Accounts and accounting. I. In general. accounts as assets in hands of executor.. 202 admissions and allowance of claims or debt by executor or administrator, effect. 210 270 disputed or unsettled debts or claims, fraudulent settlement by compromise or compound- 213 expenses and disbursements of administration, setting forth in account. 222 limitation of action, suspension of statute as to claim in favor of executor or administrator 209 negligence action, where recovery had in.. 252 objections to allowed claim on ground of fraud or negligence, filing. payment after account judicially settled.. power of surrogate to complete accounting instituted before predecessor. recording instruments settling accounts in part or in whole. rejection of allowed claim, suspension of statute of limitation. release of sureties, accounting on. returning voucher to accounting party. revocation of letters, accounting on. supplemental account, filing on execution of order for sale, mortgage, or lease.. 242 129 unknown persons, proceedings to determine right to legacy or distributive share. voluntary judicial settlement of account, filing and proceedings thereon. 255 Austice C Accounts and accounting-Continued. III. Judicial settlement. 1. In general. absentee, payment of legacy or distributive share into court.. adjournment of judicial settlement after making order to mortgage, lease, or sell. citation, order to account and proceedings on compulsory judicial settlement. contest between accounting party and other parties, trial and determination. contents.... settling account of executor, etc., recording. destroying vouchers after five years from date of decree. effect..... infant, to whom share paid. judicially settled defined. recording decree in surrogate's office. reference to examine account.. hear and determine questions arising from non-settlement. retention of property to cover claim not due or disputed.. uncontroverted allegations in account as constituting due proof. unknown persons, payment of legacy or distributive share into state treasury. 2. Voluntary judicial settlement. citation... examination of executor or administrator, guardian or trustee. petition, when may be presented and contents. 273 proceedings by comptroller to compel payment of legacy or distributive share 273 238 270 260 211 209 114 274 16 18. 274 271 314 16 66 66 296 76 272 262 263 261 acknowledgment or approved and duly set aside, defined.. power of clerk to take.. surrogate to take acknowledgment of deeds and other instruments. Acting surrogate. compensation.. designation. proceedings before, when and how recorded. 260 259 260 260 258 Actions. bond of executor, administrator, testamentary trustee, or guardian, action on. 113 action by successor..... 114 action on, where successor not appointed. 115 by heir, devisee or other person aggrieved for reinbursement after sale of realty for debts. recovery of apportioned rent, annuities, or dividends. supplemental citation or additional notice to parties not notified or cited. Administration. 238 |