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every county in which such corporation shall nave a business otice, or if it has no business (ffice, of the county in which its principal corporate property is situated or in which its operations are or theretofore have been principally con. ducted, which newspaper, if it be a banking corporation, shall be d signated by the superintendent of banks, if any insurance corporation, by the superintendent of insurance, or if a railroad corporation, by the railroad commissioners, In the city and county of New York such notice shall be pub. lished once in each week for six successive weeks in two daily newspapers published in such county.
$ 2414. [Am'd 1893, 1895, amendment to take effect Jan. uary 1, 1896.) If the court to which the petition is presented is satisfied thereby, or by the affidavit and certificate presented therewith, that the petition is true, and that there is no reasonable objection to the change of name proposed, and if the petition be to change the name of an infant, that the interests of the infant will be substantially promoted by the change, and, if the petitioner be a corporation, that the peti. tion has been duly authorized and that notice of the presentation of the petition, if required by law, has been made, the court shall make an order authorizing the petitioner to assume the name proposed on a day specified therein, not less than thirty days after the entry of the order. The order shall be directed to be entered and the papers on which it was granted, to be filed within ten days thereafter in the clerk's office of the county in which the petitioner resides, if he be an individual, or in the office of the clerk of the city conrt of New York if the order be made by that court, or, if the petitioner be a corporation, in the office of the clerk of the county in which its certificate of incorporation, if any, shall be filed; or if there be none filed in which its principal office shall be located, or if it has no business office, in the county in which its principal property is situated, or in which its operations are or theretofore have been principally conducted, or in the office of the clerk of the county in which the special term granting the order is held; and, if the peti. tioner be a corporation, that a certified copy of such order shall, within ten days after the entry thereof, be tiled in the office of the secretary of State; and also, if it be a banking corporation, in the office of the superintendent of banks, or if it be an insurance corporaiion, in the office of the super. intendent of insurance, or if it be a railroad corporation, in the office of the board of railroad commissioners. Such or. der shall also direct the publication, withiu ten days after the entry thereof of a copy thereof in a designated newspaper, in the county in which the order is directed to be entered, at least once if the petitioner be an individual, or if the petitioner be a corporation, once in each week for four
his successor, or the person designated therein does not qualify, the successor must be appointed and must quality in the manner prescribed by law for the appointment and qualification of an administrator with the will annexed.
$ 2819. Where the same person is a testamentary trustee, and also the executor of the will, or an administrator upon the same estate, proceedings taken by or against him, as prescribed in this title, do not affect him as executor or administrator, or the creditors of, or persons interested in, the general estate, except in one of the following cases:
1. Where he presents a petition, praying for the revocation of his letters, he may also, in the same petition, set forth the facts, upon showing which he would be allowed to resign as testamentary trustee; and may thereupon pray for a decree allowing him so to resign, and for a citation accordingly.
2. Where a person presents a petition, praying for the revocation of leiters issued to an executor or administrator ; and any of the facts set forth in the petition are made, by the provisions of this title, sufficient to entitle the same person to present a petition, praying for the removal of a testamentary trustee; the petitioner may pray for a decree, removing the person complained of in both capacities, and for a citation accordingly.
In either case, proceedings upon the petition for the resignation or removal, as the case requires, of the testamentary trustee, and for the judicial settlement of his account, may be taken, as prescribed in this title, in connection with. or separately from, the like proceedings upon the petition for the revocation of the letters, as the surrogate directs,
$ 2820. The provisions of this title apply to a trust created by the will of a resident of the State, or relating to real property, situated within the State, without regard to the residence of the trustee, or the time of the execution of the will,
Provisions relating to a guardian. ARTICLE 1. Appointment, removal, and resignation of a general
ment of his accounts.
GENERAL GUARDIAN. $ 2831. Power of court to appoint $ 225. Appointment of guardian. guardians
28:26. Guardian to be dominated 2. Petition for appointment,
by infant. by infant over fourterni. 27. Appointment of tempo 2823. Contents of petition ; cita
rary guardian for intant tion.
under fourteen. R94. Id ; where petitioner is 2928. Term of office of tempo a married woman.
§ 2829. Inquiry as to value of
for revocation of let. property.
ters. 2830. Qualification of guardian $ 2836. Proceedings thereupon. of property.
2837. Ward or new guardian 2831. Id. ; of guardian of per
may require accounting. son.
2838. Application for ancillary 2832. When letters may be re
letters to foreign guar. voked for misconduct,
2839. Proceeding thereupon. 2833. Citation; hearing ; de- 2910. Effect of such letters.
2841. Application of the last 2834. Suspension of guardian ;
section to former guareffect thereof.
dians. 2835. Application by guardian
$ 2821. The surrogate's court has the like power and 5 Redf. 64. authority to appoint a general guardian, of the person or 4 Dem. 293 of the property, or both, of an infant, which the chancellor had, on the thirty-first day of December, eighteen hundred and forty-six. It has also power and authority to appoint a general guardian, of the person or of the propeity, or both, of an infant whose father or mother is living, and to appoint a general guardian, of the property only, of an infant married woman. Such power and authority must be exercised in like manner as they were exercised by the court of chancery, subject to the provisions of this act. The same person may be appointed guardian of an infant in both capacities; or the guardianship of the person and of the property may be committed to different persons.
$ 2822. In either of the following cases, an infant, of the age of fourteen years or upwards, may present, to the surrogate's court of the county in which he resides ; or, if he is not a resident of the State, to the surrogate's court of the county in which any of his property, real or personal, is situated ; a written petition, duly verified, setting forth the facts upon which the jurisdiction of the court depends, and praying for a decree appointing a general guardian, either of his person, or of his property, or both, as the case requires; and, if necessary, that the persons, entitled by law to be cited upon such an application, may be cited to show cause, why such a decree should not be made:
1. Where such a general guardian has not been duly appointed, either by a court of competent jurisdiction of the State, or by the will or deed of his father or mother, admitted to probate or authenticated, and recorded, as prescribed in section two thousand eight hundred and fiftyone of this act.
2. Where a general guardian so appointed has died, become incompetent or disqualitied; or refuses to act ; or has been removed ; or where his term of office has expired.
Where the petitioner is a non-resident married woman, and the petition relates to personal property only, it must affirmatively show that the property is not subject to the control or disposition of her husband, by the law of the petitioner's residence,
1 App. Div. $ 2421. The petition must show that the case is one of 16.
those specified in the last two sections, and must state the 9 la 546.
reasons, which induce the petitioner or petition is to desire the dissolution of the corporation. A schedule must be annexed to the petition, containing the following matters, as far as the petitioner or petitioners know, or have the means of knowing the same :
1. A full and true account of all the creditors of the corporation, and of all unsatisfied engagements, entered into by, and subsisting against, the corporation.
2. A statement of the name and place of residence of each creditor, and of each person with whom such an engagement was made, and to whom it is to be performed, if known; or, if either is not known, a statement of that fact.
3. A statement of the sum owing to each creditor, or other person specified in the last subdivision, and the nature of each debt, demand, or other engagement.
4. A statement of the true cause and consideration of the indebtedness to each creditor,
5. A. full, just, and true inventory of all the property of the corporation, and of all the books, vouchers, and securities, relating thereto.
6. A statement of each incumbrance upon the property of the corporation, by judgment, mortgage, pledge, or otherwise.
7. A full, just, and true account of the capital stock of the corporation, specifying the name of each stockholder; his residence, if it is known, or if it is not known, stating that fact; the number of shares belonging to him ; the amount paid in upon his shares; and the amount still due there upon.
§ 2422. An affidavit, made by each of the petitioners, to the effect that the matters of fact, stated in the petition and the schedule, are just and true, so far as the affiant knows or has the means of knowing the same, must
be annexed to the petition and schedule. 143 N. Y. 261. Ş 2423. (Am'd 1889, 1895, amendment to take effect Jan1 App, Div.
uary 1, 1896.) The papers must be presented at a special 375.
term of the supreme court, held within the judicial district, embracing the county wherein the principal office of the corporation is !ocated. In a case specified in section two thousand four hundred and twenty of this act the court may in its discretion entertain or dismiss the application. Where it entertains the application, or where the cause is one of those specified in section two thousand four hundred and nineteen of this act, the court musi make an order, requiring all persons interested in the corporation to show cause before it, or before a referee designated in the order, at a time and place therein specified, not less than three months after the granting of the order, why the corporation should Dot be dissolved. The order must be entered, and the papers surrogate's court of the county in which any of the infant's property, rtal or personal, i situated ; a written petition, duly verified, setting for h the facts, upon which the juris. victi n of the court depends, and praying for a decree appointing a guardian of the person, or of the property, or both, ot the infaut, to serve until the infant attains the age of fourteen years, and a successor to the guardian is appointed. The cases in which such a guardian may be apponted, the contents of the petition, and the proceedings ihereupon, are the same, as prescribed in the foregoing sections of this article, with respect to the appointment of a general guardian, upon the petition of an infant of the age of fourteen years or upwards; except that the surrogate must nominate, as well as appoint, the temporary guardian.
2828. The term of office of a guardian, appointed as prescribed in the last section, expires when the infant attains the age of fourteen years. But after the infant attains that age, the person so appointed continues to retain all the powers and authority, and is subject to all the duties and liabilities, of a guardian of the person, or of the property, or both, pursuant to his letters ; until his successor is appointed and has qualified, or until his letters are revoked, for some other cause, by the decree of the surrogate's court: and his sureties are responsible accordingly.
$ 2829. Where a general guardian of the property of an infant is appointed, as prescribed in this article, the sur. rogate must inquire into tho infant's circumstances, and must ascertain as nearly as practicable, the value of his personal property, and of the rents and profits of his real property.
8 2830. (Am'd 1881,1892,] Before letters of guardianship of an infant's property are issued by the surrogate's court, the person appointed must, besides taking an official oath, as prescribed by law, execute to the infaut, and file with the surrogate, his bond, with at least two sureties, in a penalty fixed, by the surrogate, not less than twice the value of the personal property, and of the rents and profits of the real property ; conditioned that the guardian will, in all thinge, faithfully discharge the trust reposed in him, and obey all jawful directions of the surrogate touchiug the trust, and that he will, in all respects, render a just and true account of a'l money and other property received by him, and of the application thereof, and of his guardianship, whenever he is required so to do by a court of competent jurisdiction. But