cause, the surrogate may extend the time. If he does not appear and qualify, the surrogate enters an order, declaring the renouncement of the appointment.

4. The executor, before he receives letters testamentary, must take an oath that he will faithfully and honestly discharge the duties of an executor. This oath must be filed in the office of the surrogate. If all the executors renounce or are incompetent, letters of administration, with the will annexed, will be issued-1. To a residuary legatee; 2. To a special legatee; 3. To the widow; 4. To the next of kin; 5. To a creditor. The executor has no power until he appear and qualify. He may pay funeral charges, but he cannot interfere in any manner, further than is necessary, for the preservation of the estate. The executor of an executor is not authorized to act as executor in the estate of the first testator.

5. Complaint may be made to the surrogate that the executor has become incompetent, or that his circumstances do not afford adequate security, or that he has removed, or is about to remove, out of the State. The surrogate then issues a citation, requiring the executor to show cause before him why he should not be superseded. At the time specified in the citation, the surrogate hears the proofs and allegations of the parties. The surrogate may require the executor to give bonds, or supersede the letters testamentary, and grant letters of administration, with the will annexed, to the person entitled thereto.

able time, what action will the surrogate take? If he does not then appear and qualify?

4. What oath must executors take before entering upon the duties of executor? Where is this oath filed? If all the executors are unqualified or renounce the appointment, what will the surrogate issue? To whom? Has the executor any power before qualifying? What may he pay? To what extent only can he interfere with the estate? Is the executor of an executor authorized to act as executor in the estate of the first testator?

5. What three complaints may be made to the surrogate against the executor? What does the surrogate then issue? What does he require the executor to do? What does the surrogate hear at the time specified? What may the surrogate require of the executor? If he does not give security, what may the surrogate do? What

The administrator with the will annexed must execute the will in the same manner as the executor would have done.

CHAPTER LXIII.

LETTERS OF ADMINISTRATION.

1. THE surrogate of each county has the sole and exclusive jurisdiction, in the county in which he is elected, to grant letters testamentary and of administration in the following cases: 1. When the decedent, at the time, or immediately previous to his death, was an inhabitant of the county of such surrogate; 2. When the decedent, not being an inhabitant of the State, died in the county, leaving assets therein; 3. Where the decedent, not being an inhabitant of the State, died out of the State, leaving assets in that county, and no other county; 4. When the decedent, not being an inhabitant of the State, died out of the State, but assets thereafter come into the county.

2. When the decedent, not being an inhabitant of the State, died, leaving assets in several counties, or assets came into the several counties, the surrogate of any county in which there are assets may grant letters testamentary, or of administration. The surrogate who first grants letters, thereby acquires exclusive jurisdiction throughout the State. The person to whom letters are first granted has sole and exclusive authority.

3. Before letters of administration are granted, the

must the administrator with the will annexed execute? In what manner?

1. In what cases has the surrogate the sole and exclusive jurisdiction, in the county in which he was elected, to grant letters?

2. If the deceased, not being an inhabitant of the State, left assets in several counties, or if assets come into several counties? By what means does either surrogate acquire exclusive jurisdiction throughout the State? Who has sole and exclusive authority as executor or administrator?

death of the intestate must be proved, and that he died without a will. Letters of administration are granted to the relatives of the intestate in the following order: 1. To the widow; 2. To the children; 3. To the father; 4. To the brothers; 5. To the sisters; 6. To the grandchildren; 7. To any other of the next of kin, entitled to a share in the distribution of the estate; 8. To the creditor first applying; 9. To the public administrator in the city of New York; 10. To the county treasurer in other counties. When there are several in the same degree-1. Males are preferred to females; 2. Relatives of the whole to relatives of the half-blood; 3. Unmarried women to married; 4. When several are equally entitled, the surrogate, in his discretion, selects. The husband is entitled to administer on the estate of his deceased wife. He must give bonds. He is liable as administrator for the debts of his wife, only to the extent of the assets received by him.

4. When a person shall apply for letters of administration, and some other person shall have a prior right, the applicant must produce and file the renunciation of such person having such prior right. A citation may be issued to all persons having a prior right, to show cause at a certain time and place why letters should not be granted to such applicant.

5. When there is a contest in relation to the probate of a will, or necessary delay in granting letters, the surrogate may issue special letters of administration to some person, authorizing him to collect and preserve the estate. Such person is generally called a collector. The collector

3. Before letters of administration are granted, what must be proved? In what order are letters of administration granted? When there are several in the same degree of relationship? When several are equally entitled? If a wife dies, who is entitled to administer? Is he required to give bonds? To what extent is he liable for the debts of his wife? 4. When one applies for letters of administration, and another has a prior right, what must he produce and file with the surrogate? What other action may the surrogate take?

5. If there is a contest in relation to the probate of a will, or necessary delay in granting letters, what may the surrogate do? What is such

has authority to collect the goods, chattels, and debts of the deceased, and for this purpose he may maintain actions as administrator. He may, under the direction of the surrogate, have such property appraised and sold, as shall be deemed necessary for the preservation and benefit of the estate. When letters are granted, the power of the collector ceases; and he delivers to the executor or administrator the property in his hands, and renders his account under oath to the surrogate. The collector must make oath that he will honestly and faithfully discharge the duties of his office, according to law. The collector and administrator must give a bond to the people of the State, with two or more competent sureties. The penalty in such bond shall not be less than double the value of the personal estate of the deceased. The condition of the bond is the faithful execution of the trust, and also that he will obey the orders of the surrogate in the administration of the estate.

6. If one executor or administrator dies, or for any reason becomes incompetent, the others proceed to execute the will or administer the estate. If all die or become incompetent, the surrogate will issue new letters. If an executor or administrator is becoming insolvent, or is about to remove from the State, the surrogate may issue his citation, requiring him to show cause why he should not give further security, or be superseded. The surrogate may require additional security, or he may revoke the letters. Sureties may apply to the surrogate to be released from their responsibility, on account of the future acts of their principal. The surrogate will require

person generally called? What authority has such collector? What property may he sell? When letters are granted, to whom does the collector deliver the property? To whom does he account? What oath must the collector take? In what amount must he give bonds? With how many sureties? What is the condition of the bond?

6. If one executor or administrator dies, or becomes incompetent to act? If all die, or become incompetent? If an executor or administrator is becoming insolvent, or is about to remove from the State? What may the surrogate require? If additional security is not given? To

other sureties or revoke the letters, and enter an order releasing the former sureties from all subsequent liability.

7. No surrogate can act in any case where he is personally interested; as-1. Next of kin to the deceased; 2. Legatee or devisee under the will; 3. When he is named as executor or trustee; 4. When he is a witness. In case of the incompetency of the surrogate, the county judge is vested with all the power and authority of the surrogate. If the surrogate and county judge are both incompetent, then the district attorney is authorized to act as surrogate. When the office of surrogate is vacant, the county judge may act as surrogate. In such case, he uses the seal of the surrogate. When the county judge acts on account of the incompetency of the surrogate, he uses the seal of the county court.

CHAPTER LXIV.

INVENTORY OF DECEDENT'S ESTATE.

1. THE executor and administrator are required to make an inventory of decedent's personal estate. The real estate generally passes directly to the heirs. On application to the surrogate, he will appoint two disinterested persons to estimate and appraise the personal estate. The executor or administrator, with the aid of the appraisers, is required to make a complete and perfect list of all the

whom may the sureties apply to be released from further responsibility? What will the surrogate then require? What order will he enter?

7. In what cases is the surrogate incompetent to act? In case of the incompetency of the surrogate, who is vested with his power and authority? If the surrogate and county judge are both incompetent? When the office of surrogate is vacant? In such case, what seal does he use? When he acts on account of the incompetency of the surrogate, what seal does he use?

1. What inventory are the executors or administrators required to make? To whom does the real estate generally pass? By whom are appraisers appointed? What list does the executor or administrator make, with the aid of the appraisers? To whom must notice be given of