SURROGATE COURT ACT AN ACT in relation to surrogates and the practice and proceedure in surrogates' courts. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SURROGATE COURT ACT Article 1. The surrogate and acting surrogate, (§§ 1-20.) 2. Officers of the surrogate's court. (§§ 21-33.) 3. The surrogate's court and its general jurisdiction. (§§ 34-47.) 4. Proceedings, how begun; pleadings and process; service of citation and other process, and proof thereof. (§§ 48-62.) 5. Appearance; procedure; trial; orders and decrees. 6. General provisions relating to letters. (§§ 88–104.) 9. Production, probate and construction of wills; execu- 10. Guardians. (§§ 172-194.) 11. Appointment of appraisers; inventory; discovery of property. (S$ 195–206.) 12. Claims; payment of debts, legacies and expenses; sales of real estate under power contained in will; deposit of money and securities. (§§ 207-231.) 13. Disposition of real property and the income thereof. (§§ 232-250.) 14. Accounting; judicial settlement and decree. (§§ 251– 274.) 15. Costs and fees; commissions and compensation of executors, administrators, guardians and trustees. (§§ 275-285.) Article 16. Appeals. (§§ 286-308.) 17. Probate of heirship. (§§ 309-311.) 18. Definitions; application of other laws. (SS 312315.) 19. Laws repealed; when to take effect. (§§ 316, 317.) ARTICLE 1 THE SURROGATE AND ACTING SURROGATE Section 1. TY Short title. 2. [2472.] Surrogate and acting surrogate; their official designations. 3. [2473.] Seal of the surrogate and surrogate's court. 4. [2474.] Surrogate, when not to be counsel. 5. [2475.] Surrogate liable for clerk's acts. 6. [2476.] Surrogate, when disqualified, 7. [2477.] Disqualification; when objection must be taken. 8. [2478.] Vacancy or disability; who to act as surro gate. 9. [2479.] If surrogate disqualified who to act. 10. [2480. In New York county. 11. [2481.] Proof of authority. 12. [2482.] When and how made. 13. [2483.] How authority superseded. 14. [2484.] Temporary surrogate; when board of supervisors may appoint. 15. [2485.] Compensation of [person] acting [as] surrogate [in case of vacancy, disability or disqualification]. 16. [2486.] Books to be kept by surrogate. 17. [2487.] Books to be indexed; notation on margin as to certain decrees. 18. [2488.] Papers and books to be preserved and bonds filed. 19. [2489.] What papers to be transmitted to secretary of state or state comptroller; expenses thereof]. 20. [2490.] Incidental powers of the surrogate. Section 1. Short title. This act shall be known as the "Surrogate Court Act." [New.] § 2. [S 2472.] Surrogate and acting surrogate; their official designations. Where the county judge is also surrogate, he may be designated, in any paper or proceeding relating to the office of surrogate, as the surrogate of the county, without any addition referring to his office as county judge. A local officer elected, as prescribed in the constitution, to discharge the duties of surrogate, or of county judge and surrogate, is designated in this act, and, when acting as surrogate, may be designated as the "special surrogate" of his county. Where an officer, other than the surrogate, or special surrogate, acts as surrogate in a case prescribed by law, he must be designated by his official title with the addition of the words" and acting surrogate." [Code, § 2472, without change.] .1. 83. [§ 2473.] Seal of the surrogate and surrogate's court. The seal of the surrogate of each county shall continue to be the seal of the surrogate's court of that county, and must be used as such by an officer who discharges the duties of the surrogate. A description of each of such seals must be deposited and recorded in the office of the secretary of state, unless it has already been done; and must remain of record. [Code, § 2473, without change.] 84. [§ 2474.] Surrogate, when not to be counsel. A surrogate shall not be counsel, solicitor or attorney in a civil action or special proceeding for or against any executor, administrator, temporary administrator, testamentary trustee, guardian or infant, over whom, or whose estate or accounts, he could have any jurisdiction by law. [Code, § 2474, without change.] § 5. [S 2475.] Surrogate liable for clerk's acts. A surrogate hereafter elected or appointed, and the sureties on his official bond, are liable for any act of the clerk or deputy clerk of the surrogate's court in the discharge of his official duties, during the surrogate's term of office, as if the act were performed by the surrogate. The surrogate may take security from the clerk or deputy clerk, or either of them, to indemnify him against the liability created by this section. [Code, § 2475, without change.] $ 6. § 2476.] Surrogate, when disqualified. In addition to his general disqualifications as a judicial officer, a surrogate is disqualified from acting upon an application for probate of a will, where he is a subscribing witness, or is necessarily examined or to be examined as a witness. A surrogate is also disqualified in any matter in his court where he files a certificate that his relations to the parties or the subject matter are such that it is improper for him to act. [Code, § 2476, without change.] 87. [8 2477.] Disqualification; when objection must be taken. An objection to the power of a surrogate to act, based upon a disqualification, is waived by an adult party to a special proceeding unless it is taken at or before the joinder of issue by that party, or, where an issue is not framed, at or before the submission of the matter or question to the surrogate. [Code, § 2477, without change.] § 8. [§ 2478.] Vacancy or disability; who to act as surrogate. Where in any county, except New York, the office of surrogate is vacant; or the surrogate is disabled by reason of sickness, absence or lunacy, or is disqualified in a particular matter, and special provision is not made by law for the discharge of the duties of his office in that contingency; the duties of his office must be discharged, until the vacancy is filled or the disability ceases, as follows: 1. By the special surrogate. 2. If there is no special surrogate, or he is in like manner disabled, or is precluded or disqualified, by the special county. judge. 3. If there is no special county judge, or he is in like manner disabled, or is precluded or disqualified, by the county judge. 4. If there is no county judge, or he is in like manner disabled, or is precluded or disqualified, by the district attorney. But before an officer is entitled to act as prescribed in this section, proof of his authority to act as prescribed in section [2481] eleven of this chapter] act must be made. In any proceeding in the surrogate's court of the county of Kings, before either of the officers authorized in this section to discharge the duties of the office of surrogate of such county for the time being, if an issue is joined or a contest arises either on the facts or the law, such officer, in his discretion, may, by order, transfer such cases to the supreme court to be heard and decided at a special term thereof, held in such county, which order shall be recorded in the surrogate's office. A certified copy of such order, together with the appropriate certificate or certificates of the authority of the officer to act as surrogate, shall be sufficient and conclusive evidence of the jurisdiction and authority of the supreme court in such matter or cause. After a final order or decree is made in the matter or cause so transferred to the supreme court, the court shall direct the papers to be returned and filed, and transcripts of all orders and decrees made therein to be recorded in the surrogate's office of such county; and when so filed and recorded, they shall have the same effect as if they were filed and recorded in a case pending in the surrogate's court of such county. [Code, § 2478, without change.] $ 9. [S 2479.] If surrogate disqualified who to act. Where the surrogate of any county, except New York, is precluded or disqualified from acting with respect to any particular matter, his powers with respect to that matter, or if he be temporarily absent, his powers with respect to all matters, shall be discharged by the several officers designated in the last section, in the order therein provided. If there is no such officer qualified to act therein, the surrogate may file in his office a certificate, stating that fact; specifying the reason why he is disqualified or precluded; and designating the surrogate of any county, other than New York, to act in his place in the particular matter or during his absence. The surrogate so designated has, with respect to that matter, or generally when the designation is made on account of absence of the surrogate, all the powers of the surrogate making the designation, and may exercise the same in either county. [Code, § 2479, without change.] 8.10. § 2480.] In New York county. In the county of New York the supreme court, at a special term thereof, on the presentation of proof of its authority, as prescribed in the next section, must exercise all the powers and jurisdiction of the surrogate's court, as follows: 1. Where the surrogate is precluded or disqualified from acting with respect to a particular matter, it must exercise all the powers and jurisdiction of that court with respect to that matter. 2. Where the office of surrogate of the county is vacant, or the surrogate is disabled by reason of sickness, absence or lunacy, it must exercise all the powers and jurisdiction of that court, |