the disposition of litigated business, all cases in which an issue is joined and all motions which are opposed, except such cases or motions as shall be submitted or specially set down for early hearing by order, shall be adjourned to a day thereafter appointed for the disposition of litigated business.

RULE XXI.

A Calendar of cases in which orders shall have been made for the trial of any question before the Court and a jury will be called on the first Monday of each month, except July, August and September, and on each day thereafter while the Court shall sit for the purpose. Such cases, so far as any question therein shall require trial by jury, will then be tried in their order unless adjournment is granted upon proof of legal excuse.

RULE XXII.

A Calendar of motions and of cases to be tried by the Court without a jury will be called on the third Monday of September and on the second Monday of each other month, except July and August, and on each day thereafter while the Court shall sit for the purpose. Such motions and cases will then be heard unles the Court is occupied with the Calendar of Jury Cases, o adjournment is granted upon proof of legal excuse.

RULE XXIII.

Where a trial by jury has been lawfully demanded, the orde therefor shall state distinctly and plainly each question of fac to be tried and if the trial is to be had in the Surrogate's Court the order shall set down the trial for a day therein appointed.

Such order must be submitted for settlement at the time o the demand for a trial by jury or in default thereof it may b thereafter settled at the instance of any party in the sam manner as if it was an order upon a litigated motion.

RULE XXIV.

Principals and sureties upon bonds and undertakings, natural persons, must appear and qualify at the same time befor the Administration Clerk. No bond for a sum less than fitt dollars will be approved. No bond given by a surety compan the penalty of which is more than two thousand dollars, will approved unless it shall be accompanied by the certificate the surety that the principal has made an agreement with it f the deposit of the moneys and other depositable assets of 11 estate in the manner declared to be lawful by section 813 of t Code of Civil Procedure, and that such agreement has provid for such deposit with one or more depositaries previously desi nated in writing by the Surrogate.

RULE XXV.

A petition for the application by a guardian of an infan property or any portion thereof to the support or educati

the infant shall show that an annual accounting has been filed or that good cause exists for disregarding the omission. The petition shall show the terms of any previous order for application of any portion of the infant's property. The thereon shall state the period during which the application the infants' property shall continue and if an order for its tinuance for more than one year is sought the petition must the circumstances which justify such order.

When the infant is over fourteen years of age he shall join. 2 subscribe and verify the petition, and when the petition is made by a person other than the guardian of the property, a of the petition, together with two days' notice of the time it will be presented to the Court, shall be served upon Sch guardian.

RULE XXVI.

pon application for leave to compromise, the petitioner's hey, if any, shall state whether or not he has become conin the application or its subject matter at the instance the party with whom the compromise is proposed and whether tot he has received or is to receive compensation from such arty.

RULES OF THE SURROGATE'S COURT, QUEENS COUNTY,

RULE I.

Business hours.-The Surrogate's office is open for the transaction of business, except on Sundays, Saturdays and Holidays, as follows: From September 1 to June 30, from 9 A. M. to 4 P. M.; from July 1 to August 31, from 9 A. M. to 2 P. M.; on Saturdays from 9 A. M. to 12 M.

RULE II.

Calendar. The regular calendar will be called at 10 a. m., on Tuesday of each week, except during the months of August and September.

A calendar of cases in which orders shall have been made for the trial of any controverted questions of fact by the court, with a jury, will be called on the last Tuesday of each month, except July, August and September and on each day thereafter while the court shall sit for the purpose. Such cases will then be tried in their order unless adjournments be granted upon proof of legal excuse. (Amended Feb. 11, 1915.)

RULE III.

Cases not answered.- Cases appearing on the calendar and not answered will be marked adjourned for one week; if not answered on the adjourned day they will be marked "off calendar' and can then be restored only upon two days' notice to, or the written consent of all parties.

RULE IV.

Proofs of service.- Proofs of service of citations or orders to show cause in all proceedings must be filed on or before the day next preceding the return day in order to have the cases placed on the calendar.

RULE V.

Form of papers. All petitions, decrees, orders, objections and other papers must be written or printed in black ink and en dorsed with the title of the proceeding, indicating the nature o the application, and the name and post office address of the at torney. A proposed order must not be attached to any othe paper.

All petitions, bonds, proposed orders and other papers must b filed and entered in the office before being submitted to th Surrogate.

RULE VI.

Appearances. Parties to proceedings may appear personall or by attorney. An attorney appearing for a party duly cite must file a written notice of appearance, and when appearing fo a party not cited he must, in addition to the notice of appear ance, file a written authorization from such party, duly execute and acknowledged as a deed to be recorded.

RULE VII.

Objections; trial by jury.- Objections in probate, accounting Zother proceedings must be in writing, duly verified, and a copy East be served upon the petitioner, or upon his attorney, in case be has appeared by attorney.

Within five days after a jury trial has been demanded, the party making the demand shall present, on two days' notice of lement to the attorneys of all parties who have appeared, a proposed order directing such trial, which order shall state the troverted questions of fact to be tried by jury. If a party demanding a trial by jury should fail to serve and present such er, it may be presented by any party to the proceeding. Amended Feb. 11, 1915.)

RULE VIII.

Stipulations for adjournments.- Stipulations for adjournments rast be in writing, signed by all parties who have appeared in De proceeding and filed on or before the day next preceding the sate set for hearing.

RULE IX.

Probate proceedings. In probate proceedings the original will and a sworn copy thereof must be filed with the petition, unless good cause shown by affidavit the Surrogate dispenses with eiling of the original will, in which case it must be filed at last two days before the return day of the citation.

RULE X.

Foreign wills. All exemplified copies of foreign wills shall accompanied by a petition and an order for recording the

RULE XI.

Letters of administration.- No letters of administration will issued while another application for letters on the same estate peading.

RULE XII.

Citizens of foreign countries.— Upon application for letters of istration, where it appears that an intestate was at the of his death the subject of a foreign power whose Consul is led by treaty to the right of administration or intervention, of the application shall be given to the Consul whose at is concerned.

RULE XIII.

Contest of probate of will.- A party seeking to contest the Tate of a last Will and Testament must file with the Clerk of Court, a written and verified answer, containing a concise dent of the grounds of his objection to such probate, and acts he may allege tending to establish a want of jurisdicthe Court to hear such probate. In case such jurisdiction d be denied or the right of any objecting party to appear and est shall be questioned, the Court will first hear and pass

upon the question of jurisdiction, or the status of the contestant, unless, for the convenience of the parties or the Court, it shall be ordered otherwise.

In all cases of contests in probate proceedings, the proponents shall, within five days after objections to the probate are filed present a verified petition for and procure and enter an order directing notice of the time and place of hearing of such objec tions to be given, and prescribing the manner of giving such notice, to all persons in being who would take any interest in any property under the provisions of the will, and to the executor or executors, trustee or trustees named therein, if any, who hav not appeared in the proceeding, as required by section 2617 o the Code, and such petition shall contain the names and addresses of such parties, and state whether any, and which of them, ar infants or of unsound mind. In case the proponents shall no present such petition and enter such order within the time afore said, such petition may be presented and order entered by or o behalf of any party or parties interested in the estate.

RULE XIV.

Certain persons must be made parties in probate proceedings.Whenever a party shall put in issue on probate the validity, con struction, or the effect of any disposition of personal property under section 2624 of the Code, if it shall appear that all person interested in such construction are not before the Court, the de termination of such question shall be suspended until such per sons shall be made parties; and the executor named in the wil shall not be held to represent the legatees therein for the pur pose of such construction.

RULE XV.

When person not executor entitled to costs. Whenever an person shall appear in support of the will propounded under se tion 2617 of the Code, such person shall not thereby become enti tled to recover any costs on the probate of said will unless it shal appear to the satisfaction of the Court that the interest of suc person was not sufficiently represented and prosecuted by th executor named in the will and his counsel.

RULE XVI.

Accounting (petition). When a petition for a voluntary a counting is presented the account and vouchers to which it relate shall be filed therewith.

RULE XVII.

Statement of unpaid claims.- When an account is filed fo settlement, the accountant shall file therewith a copy of an statement of a claim which has been presented to him and a lowed, and which remains unpaid.