§ 2506 [2504]. Terms of surrogates' courts in New York county and powers of surrogates.

[The surrogate's court is always open for the transaction of any business, within its powers and jurisdiction.]* The surrogates of the [city and] county of New York, from time to time must appoint and may alter the times of holding terms of that court for the trial of probate proceedings and for the hearing of motions and other chamber business. They must prescribe the duration of such terms, and assign the surrogate to preside and attend at the terms so appointed. In case of the inability of a surrogate of that county to preside or attend, the other surrogate may preside or attend in his place. Two or more terms of the surrogate's court may be appointed to be held at the same time. The term of that court held at the chambers shall dispose of all business except contested probate proceedings; all contested probate proceedings shall be disposed of at the trial term. An appointment must be published in two newspapers published in the city of New York during or before the first week in January in each year; except that the surrogates of that county may, by notice to be published in twonewspapers in the city of New York for at least five days, appoint the time for holding chambers and trial terms during the year eighteen hundred and ninety-three]. All the powers conferred by law upon the surrogate of the [city and] county of New York may be exercised by either of the surrogates of the said [city and] county; and]. There shall be published in the official law paper published in said county, upon Monday of every week, under the name of the surrogate making the several appointments, a full and true list of the names of all appraisers, transfer tax appraisers, special guardians, referees and temporary administrators, which either surrogate shall have designated or appointed during the preceding week together with the names of the proceedings in which they were appointed and the dates of said appointments.

NOTE.- No change made in this section except to transfer first two lines to new § 2504, and omit some useless words.

§ 2507 [2490]. Proceedings in [New York and Kings counties] supreme court regulated.

In a special proceeding cognizable before a surrogate, taken in supreme court, as prescribed in section 2480 of this [article,] chapter, the seal of the court in which it is taken, must be used, where a seal is necessary. The special proceeding must be entitled in that court; and the papers therein must be filed or recorded, as the case may be, and issues therein must be tried, as in an action brought in that court. The clerk of that court must sign each record, which is required to be signed by the surrogate or the clerk of the surrogate's court. The issuing of a citation. may be directed, and any order intermediate the citation and the decree may be made by a judge of the court.

NOTE. No change in this section.

§ 2508 [2491]. Id.; transfer of proceedings to surrogate's

court.

The court may, at any time, in its discretion, upon being satisfied that the reason for the exercise of its powers and jurisdiction has ceased to operate, make an order to transfer to the surrogate's court[] any matter then pending before it. Such an order operates to transfer the same accordingly. Immediately after such a transfer, or after the revocation of the order of the [general term,] justice of the supreme court as prescribed in [the last] section [but one] 2483, the surrogate must cause entries to be made in the proper book in his office[] referring to all the papers filed, and orders entered, or other proceedings taken[] in the supreme court; and he may cause copies of any of the orders or papers to be made, and recorded or filed in his office, at the expense of the county.

NOTE. No change except to omit reference to general term.

$ 2509 [2494]. Proceedings, etc., of acting surrogates, [ld.; acts, etc., where and how recorded.

Where an act is done, or a proceeding is taken by, before, or by authority of, an officer, or a person appointed by the board of supervisors, or by the board of aldermen, temporarily acting as surrogate of any county[] as prescribed in this [article,] chapter, the same must be recorded, or the proper minutes thereof must be entered, in the books of the surrogate's court, in like manner as if the same was done or taken by, before, or by authority of the surrogate of the county; and the officer or person so acting, or the clerk of the surrogate's court, must sign the certificate of probate and any letters so issued, and must certify the record thereof in the book.

NOTE.- No change except to bring in reference to board of aldermen.

$ 2510 [2472]. General jurisdiction of surrogate's court. Each surrogate must hold, within his county, a court, which has, in addition to the powers conferred upon it, or upon the surrogate, by special provision of law, jurisdiction, as follows:

[6.] To administer justice in all matters relating to the affairs of decedents, and upon the return of any process to [according to the provisions of the statutes relating thereto.] try and determine all questions, legal or equitable, arising between any or all of the parties to any proceeding, or between any party and any other person having any claim or interest therein who voluntarily appears in such proceeding, or is brought in by supplemental citation, as to any and all matters necessary to be determined in order to make a full, equitable and complete disposition of the matter by such order or decree as justice requires.

[This jurisdiction must be exercised in the cases and in the manner prescribed by statute.]

And in the cases and in the manner prescribed by statute:

1. To take the proof of wills; to admit wills to probate; [to revoke the probate thereof;] and to take and revoke probate of heirship.

2. To grant and revoke letters testamentary and letters of administration, and to appoint a successor in place of a person whose letters have been revoked.

3. To direct and control the conduct, and settle the accounts, of executors, administrators, and testamentary trustees; to remove testamentary trustees, and to appoint a successor in place of a testamentary trustee. [so removed.]

4. To enforce the payment of debts and legacies; the distribution of the estates of decedents; and the payment or delivery, by executors, administrators, and testamentary trustees, of money or other property in their possession, belonging to the estate.

5. To direct the disposition of real property, and interests in real property of decedents, [for the payment of their debts and funeral expenses,] and the disposition of the proceeds thereof.

6 [7]. To appoint and remove guardians for infants; to compel the payment and delivery by them of money or other property belonging to their wards; [and, in cases specially prescribed by law, to direct and control their conduct, and settle their accounts.

7 [8]. To settle the accounts of a father, mother or other relative having the rights, powers and duties of a guardian in socage, and to compel the payment and delivery of money or other property belonging to the ward.

8. To determine the validity, construction or effect of any disposition of property contained in any will proved in his court, whenever a special proceeding is brought for that purpose, or whenever it is necessary to make such determination as to any will in a proceeding pending before him, or whenever any party to a proceeding for the probate of any will, who is interested thereunder, demands such determination in such proceeding.

NOTE.— Subd. 1. Reference to revoking probate omitted as that proceeding has been repealed several years, but reference to it has never been taken out of the code.

Former subd. 6.

Inserted in first part of section as general jurisdiction. First part of section covers § 2472-a and is intended to enlarge jurisdiction so that every question arising may be tried.

Heretofore there has been no definite jurisdiction to construe wills, except where necessary to the determination of a pending issue. Therefore, it was necessary to resort to a supreme court action. Now such a proceeding may be instituted in surrogate's court. See new § 2587.

The surrogate's court has also jurisdiction upon a judicial accounting or a proceeding for the payment of a legacy to ascertain the title to any legacy or distributive share, to set off a debt against the same and for that purpose ascertain whether the debt exists, to affect the accounting party with a constructive trust, and to exercise all other power, legal or equitable, necessary to the complete disposition of the matter. He must order the trial of any controverted question of fact of which either party has constitutional right of trial by jury and seasonably demands the same.] NOTE. In place of this section substitute first part of new § 2510.