§ 2337. Security to be given by committee.-The provisions of article first of title seventh of chapter eighteenth of this act, respecting the security to be given by the guardian of the person or of the property of an infant, appointed by a surrogate's court, apply to a committee of the person or of the property, appointed as prescribed in this article. A committee of the prop erty cannot enter upon the execution of his duties, until security is given, as prescribed by the court. A committee of the person cannot enter upon the execution of his duties, until security is given, if required by the court. New. See 2829-2831, post. Matter of Paige, 7 Daly, 155; Matter of Livingston, 1 Johns. Ch. 436; Matter of Taylor, 9 Paige, 611; Matter of Lamoree, 19 How. 375; s. c., 11 Abb. Pr. 274; 32 Barb. 122; see 2 Barb. Ch. Pr. 237; In re Frank, 2 Russ. 450; Matter of White, 1 Barb. Ch. 43. 2338. Compensation of committee.-A committee of the property is entitled to the same compensation as an executor or administrator. But in a special case, where his services exceed those of an executor or administrator, the supreme court or a superior city court may allow him such an additional compensation for such additional services, as it deems just. The compensation of a committee of the person must be fixed by the court, and paid by the committee of the property, if any, out of the funds in his hands. New. 2 Barb. Ch. Pr. 239; Parsee Merchants' Case, 11 Abb. N. S. 209: Matter of Colah, 6 Daly, 51; Matter of McAdams, 19 Hun, 292; Matter of Clapp, 20 How. 385; see Matter of Livingston, 9 Paige, 440: Clinch . Eckford, 8 id. 412; Matter of Bank of Niagara, 6 id. 213; Vanderheyden v. Vanderheyden, 2 id. 287; Matter of Burr, 17 Barb. 9. § 2339. Committee under control of court; limitation of powers.-A committee, either of the person or of the property, is subject to the direction and control of the court by which he was appointed, with respect to the execution of his duties; and he may be suspended, removed, or allowed to resign, in the discretion of the court. A vacancy created by death, removal, or resignation may be filled by the court. But a committee of the property cannot alien, mortgage, or otherwise dispose of, real property, except to lease it for a term not exceeding five years, without the special direction of the court, obtained upon proceedings taking for that purpose, as prescribed in title seventh of this chapter. See L. 1874, ch. 446, 27, amended; L. 1875, ch. 574. 19. Beach r. Bradley, 8 Paige, 146; Matter of Carter, 3 id. 146; Matter of Miller, 15 Abb. 277; Matter of Lytle, 3 Paige, 251; Matter of Griffin, 5 Abb. N. S. 96: Matter of Burr, 17 Barb. 9, 14; s. c., 2 Barb. Ch. 208; Matter of Salisbury, 3 Johns. Ch. 347; Parsee Merchants' Case, 11 Abb. N. S. 209; 8. c., 3 Daly, 529; Matter of Heeney, 2 Barb. Ch. 326; Peckersgill v. Reade, 5 Hun, 170 Ex parte Parker, 6 Alb. L. J. 324; Martin v. Windsor Hotel Co., 70 N. Y. 101. § 2340. Committee of property may maintain actions, etc.-A committee of the property, appointed as prescribed in this title, may maintain, in his own name, adding his official title, any action or special proceeding, which the person, with respect to whom he is appointed, might have maintained, if the appointment had not been made. Part of 5 of act of 1874, amended. Davis . Carpenter, 12 How. 287; Thomas r. Bennett, 58 Barb. 197, 201; McKillip v. McKillip, 8 id. 552; Person . Warren, 14 id. 488; Ex parte Wing, 2 Hun, 671; s. c., 5 S. C. 203; Burnett v. Bookstaver, 10 Hun, 481. 2341. Id.; to file inventory and account.- The provisions of article second of title seventh of chapter eighteenth of this act, requiring the general guardian of an infant's property, appointed by a surrogate's court, to file, in the month of January of each year, an inventory, account, and affidavit, and prescribing the form of the papers so to be filed, apply to a committee of the property, appointed as prescribed in this title. For the purpose of making that application, the committee is deemed a general guardian of the property; the person, with respect to whom he is appointed, is deemed a ward; and the papers must be filed in the office of the clerk of the court, by which the committee was appointed; or, if he was appointed by the supreme court, in the clerk's office where the order appointing him is entered. See 2 R. S. 53, 22 8 and 9 (2 Edm. 54). Matter of Carter, 3 Paige, 146; Matter of Seaman, 5 id. 409: Monell v. Monell, 5 Johns, Ch. 283; Hay v. Warren, 8 Paige, 609; Matter of Lytle, 3 id. 251; Matter of Crumb, 2 Johns, Ch. 439; Skidmore v. Davies, 10 Paige, 316; Matter of Kennedy, 5 id. 244; Matter of Cooper, 2 id. 34; Matter of Clapp, 20 How. 385. 2342. Id.; may be compelled to file the same, or render an additional account, etc.- In the month of February of each year, the presiding judge of the court, by which the committee of the property was appointed; or, if he was appointed by the supreme court, the county judge of the county where the order appointing him is entered; must examine, or cause to be examined under his direction, all accounts and inventories filed by committees of the property, since the first day of February of the preceding year. If it appears, upon the examination, that a committee, appointed as prescribed in this title, has omitted to file his annual inventory or account, or the affidavit relating thereto, as prescribed in the last section; or if the judge is of opinion that the interest of the person, with respect to whom the committee was appointed, requires that he should render a more full or satisfactory inventory or account; the judge must make an order, requiring the committee to supply the deficiency, and also, in his discretion, personally to pay the expense of serving the order upon him. An order so made may be entered and enforced, and the failure to obey it may be punished, as if it was made by the court. Where the committee fails to comply with the order, within three months after it is made; or, where the judge has reason to believe, that sufficient cause exists for the removal of the committee, the judge may, in his discretion, appoint a fit person special guardian of the incompetent person, with respect to whom the committee was ap pointed, for the purpose of filing a petition in his be half, for the removal of the committee, and prosecuting the necessary proceedings for that purpose. The committee may be compelled, in the discretion of the court, to pay personally the costs of the proceedings so instituted. L. 1874, ch. 446, 14, amended; see 2814, post. Monell v. Monell, 5 Johns. Ch. 283; Hay v. Warren, 8 Paige, 609. $2343. Property, when to be restored.- Where a person, with respect to whom a committee is appointed, as prescribed in this title, becomes competent to manage himself or his affairs, the court must make an order, discharging the committee of his property, or the committee of his person, or both, as the case requires, and requiring the former committee to restore to him the property, remaining in the committee's hands. Thereupon the property must be restored accordingly. Id.. 28, amended: 2 Barb. Ch. Pr. 239; Matter of Hoag, 7 Paige, 312; Matter of Hanks, 3 Johns. Ch. 567; Matter of Burr, 3 Barb, Ch. 208; Matter of McFarlane, 2 Johns. Ch. 440. 2344. Id.; disposition in case of death.- Where a person, of whose property a committee has been appointed, as prescribed in this title, dies during his incom petency, the power of the committee ceases; and the property of the decedent must be administered and disposed of, as if a committee had not been appointed. Id., 29 and 25, amended by L. 1865, ch. 724 (6 Edm. 581). TITLE VII. Proceedings for the disposition of the real property of an infant, lunatic, idiot, or habitual drunkard. SBC. 2345. Action to compel conveyance. 2346. Who may maintain action. 2347. Judgment; effect thereof. 2348. Application to dispose of real property; in what cases. 2350. Contents of petition. 2351. Bond of committee of lunatic, etc. 2352. Id.; of guardian of infant. 2353. Bond; how prosecuted. 2354. Reference to inquire into the application. 2355. Final order. 2356. Report of sale, etc. 2337. Certain sales, etc., prohibited. 2358. Effect of conveyance, etc. 2359. Proceeds of sale deemed real property. 2360. Infant deemed a ward of court. 2361. Disposition of proceeds; accounting. 2362. Particular estates; when included in sale. § 2345. Action to compel conveyance.- In either of the following cases, an action may be maintained against an infant, or a person incompetent to manage his affairs by reason of lunacy, idiocy, or habitual drunkenness, to procure a judgment, directing a convey. ance of real property, or of an interest in real prop erty: 1. Where the infant or incompetent person is seized or possessed of the real property, or interest in real property, by way of mortgage, or only in trust for another. 2. Where a valid contract for the sale or conveyance of the real property, or interest in real property, has been made; but a conveyance thereof cannot be made, by reason of the infancy or incompetency of the person in whom the title is vested. 2 R. S. 55. 20,22 (2 Edm. 56); L. 1874, ch. 446, 22 9, 23-26 (9 Edm. 931, 933), amended; L. 1875, ch. 574, 7 and 8; 2 R. S. 194, ch. 1, 167, 169 (2 Edm. 202). Brasher v. Cortlandt, 2 Johns. Ch. 400; s. c., id. 242. § 2346. Who may maintain action.— An action may be maintained, in a case specified in the last section, by a person entitled to the conveyance; and also, in a case specified in subdivision second of that section, by the executor or administrator of the person who made the contract, or of a person who died seized or possessed of the real property, or interest in real property, or by an heir or devisee of either of those persons, to whom the real property has descended, or was devised. Id., R.S., and laws as above. 2347. Judgment; effect thereof.- A judgment, directing such a conveyance, shall not be rendered, unless the court, after hearing the parties, is satisfied that the conveyance ought to be made. Upon rendering final judgment to that effect, the court has power to direct the guardian of the infant's property, or the committee of the property of the lunatic or other incompetent person, or a special guardian appointed in the action, to execute any conveyance, or to do any other act, which is necessary, in order to carry the judgment into effect. 2 R. S. 194, 169, and 2 R. S. 55, ch. 5, 19 (2 Edm. 56). Brasher v. Cortlandt, 2 Johns. Ch. 400; s. c., id. 242. § 2348. Application to dispose of real property; in what cases. In either of the following cases, real property, or a term, estate, or other interest in real property, belonging to an infant, or to a person incompetent to manage his affairs, by reason of lunacy, idiocy, or habitual drunkenness, may be sold, conveyed, mortgaged, or leased, as prescribed in the following sections of this title : 1. Where the personal property, and the income of the real property, of the infant or incompetent person, are, together, insufficient for the payment of his debts, or for the maintenance and necessary education of himself and his family. 2. Where the interests of the infant or incompetent person, require, or will be substantially promoted by, such disposition, on account of the real property, or term, estate, or other interest in real property, being exposed to waste or dilapidation; or being wholly un |