tration on her estate, he shall be presumed to have assets in his hands, sufficient to satisfy her debts, and shall be liable therefor; and if he shall die, leaving any assets of his wife unadministered, they shall pass to his executors or administrators, as part of his personal estate, but shall be liable for her debts to her creditors, in preference to the creditors of the husband. [1 R. L., 314, § 17.] [Section 30 was repealed by L. 1867, ch. 782.] [Section 31 was repealed by L. 1880, ch. 245.] ART 3. 5; 15 Wend., 361; 10 Paige, 419; 1 Edw., 392. 11 Paige, 87; 1 Bradf., 64; 36 How. Y., 467; 16 - Pr. R., Y., 356; 2 Redf., 544; 4 Dem., 253; 100 N. Y., 328. persons ing letters 10 Barb., § 32. No letters of administration shall be granted to a person Certain convicted of an infamous crime, nor to any one incapable by law of declared incapable making a contract, nor to a person not a citizen of the United States, of receiv unless such person reside within this state; nor to any person of adminis who is under twenty-one years of age; nor to any person who shall tration. be judged incompetent by the surrogate to execute the duties of 6 N. Y., 447; such trust, by reason of drunkenness, improvidence, or want of 662; 1 Barb. understanding; nor to any married woman, unless with the written Barb., 302; 1 Bradf., consent of her husband. But with such written consent, she may 283; 56 administer without her husband. [Thus amended by L. 1830, ch. 320, § 18, and L. 1863, ch. 362.] [Modified by L. 1867, ch. 782, post, p. 2554.] Ch, 45; 15 1 Red, 335; 9 Hun, 3 Dem., 156, 263; 44 Hun. 69. when to be § 33. If any person who would otherwise be entitled to letters of Letters, administration as next of kin, or to letters of administration with the granted to will annexed, as residuary or specific legatee, shall be a minor, such minor. letters shall be granted to his guardian, being in all respects compe- 418; 15 tent, in preference to creditors or other persons. 43 Barb., Barb., 302; 11 Abb., N. S., 1; 4 Denio, 171, 298. [76] entitled § 34. Administration may be granted to one or more competent When per persons, although not entitled to the same, with the consent of the son not person entitled, to be joined with such person; which consent shall may be be in writing, and be filed in the office of the surrogate. [Sections 35-43 were repealed by L. 1880, ch. 245.] joined in 335; 2 Dem., 408; 4 Dem., 175; 30 Hun, 401, 404. [77] L. 1878, Chap. 298 —An act to legalize the acts of surrogates and officers acting as such, in granting letters of administration, and to provide for the issuing of such letters in certain cases. Validating certain acts of surrogates. SECTION 1. The acts of any and all surrogates and other officers lawfully acting as such, in granting letters of administration upon petition verified before any person authorized to administer oaths, are hereby made and declared to be as legal, and of the same force and effect, as if such oath or affirmation had been administered by the surrogate, and an examination of the applicant had been personally made by the surrogate or person acting as such, granting such letters of administration. 27 Hun, 215. [Section 2 was repealed by L. 1880, ch. 245.] ARTICLE THIRD. GENERAL PROVISIONS RELATING TO LETTERS TESTAMENTARY AND OF ADMINISTRATION; SEC. 44-59. [Repealed.] 60. Unauthorized persons interfering with estates, to account, and not to retain TITLE 2. [78-81] Executors in their own wrong. [Sections 44-59 were repealed by L. 1880, ch. 245.] § 60. Every person who shall take into his possession any of the assets of any testator or intestate, without being thereto duly authorized as executor, administrator or collector, or without authority 2 Hill, 226; from the executor, administrator or collector, shall be liable to ac 181; 18 J. & count for the full value of such assets, to every person entitled thereto, and shall not be allowed to retain or deduct from such assets, for any debt due to him. 17 W. D S., 234; 42 Hun, 330; 44 Hun,461. [1 R. L., 313, § 13.] -- L. 1851, Chap. 175 – An act to provide for the election of a separate officer to perform the duties of the office of surrogate in certain counties, and to increase his powers and duties. [Section 1 amends L. 1847, ch. 276, § 13. Section 2 will be found on p. 443, ante.] Bonds, with whom to be filed. §3. All bonds given by any executor or administrator, or any other person, which by law are required to be filed with the surrogate or in the surrogate's office of any county, shall be proved or acknowledged by the parties executing the same as deeds are now required by law to be proved or acknowledged, before the same shall be received by the surrogate or person performing the duties of surrogate. L. 1863, Chap. 362 – An act in relation to proceedings in surrogates' courts, and to the fees of surrogates, and the compensation of executors and administrators, and to a clerk for surrogates. [Sections 1 and 2 were repealed by L. 1880, ch. 245.] [Sections 3 and 4 amend the Revised Statutes.] [Sections 5 and 6 were repealed by L. 1880, ch. 245.] In what case surrogate to charge no fees. § 7. In all cases where the inventory of personal property of any testator or intestate, filed in the office of the surrogate, shall not exceed the sum of one thousand dollars, no fees for any service done or performed by the surrogate shall be charged to or received from the executor or administrator; and if the petition for letters testamentary or of administration shall allege that, in the belief of the petitioner, the said inventory will not exceed in amount the sum aforesaid, no fees shall be received until it appears from the said inventory, when filed, that the personal property does not exceed that sum ; and in all cases of the appointment of guardians, where it shall appear that the application is made for the purpose of enabling the minor or minors to receive bounty, arrears of pay, or prize money, or pension due, or other dues or gratuity from the federal or state government, for the services of the parent or brother of such minor or minors in the military or naval service of the United States, no surrogate's fees shall be charged or received. [Thus amended by L. 1866, ch. 784.] 43 Hun, 196. [See Code Civ. Proc., § 2567.] [Section 8 amends the Revised Statutes.] [Section 9 was repealed by L. 1880, ch. 245.J [Section 10 is omitted as local. ] L. 1867, Chap. 782 – An act in relation to the powers and jurisdictions of surrogates' courts. [Section 1 was repealed by L. 1880, ch. 245.] Married women capable of being executrixes, etc. § 2. Married women are hereby declared to be capable of acting as executrixes, administratrixes and guardians of minors, and of receiving letters testamentary, or of administration, or of guar dianship, as though they were single women; and their bonds, given upon the granting of such letters, shall have the same force and effect as though they were not married. 2 Dem., 1; 89 N. Y., 401; 100 N. Y., 328. [Section 3 and 4 amend the Revised Statutes.] Surrogates can refuse letters testamentary. §5. Any surrogate may, in his discretion, refuse the application for letters testamentary, or letters of administration, of any person unable to read and write the English language. [Section 6 amends the Revised Statutes.] Section 7-10 were repealed by L. 1880, ch. 245.] [Section 11 amends the Revised Statutes.] Repeal. § 12. The thirtieth section of chapter six, title two of the second part of the Revised Statutes is hereby repealed. [Section 13 of this act is on p. 2559, post; section 14 is on p. 2567, post.] [Section 15 was repealed by L. 1886, ch. 593.] [Section 16 was repealed by L. 1880, ch. 245.] TITLE III. Of the duties of Executors and Administrators in taking and returning Inventories, in the Payment of Debts and Legacies, in accounting, and in making distribution to Next of Kin. ART. 1.-Of their duties in taking and returning inventories. ART. 2.-Of the duties of executors and administrators, in the payment of debts and legacies. ART. 3.-Of the duties of executors and administrators, in rendering an acconnt, and in making distribution to the next of kin. ARTICLE FIRST. OF THEIR DUTIES IN TAKING AND RETURNING INVENTORIES. SEC. 1. Appraisers of property to be appointed; their compensation. 2. Appraisal to be made by them and executor or administrator. 5. Proceedings of appraisers. 6. Assets enumerated, which go to executors. 7. Things which are not assets. 8. Rights of heirs to descendible property, not affected by section six. 9. Certain other articles not assets, to be included in inventory, in certain cases. 10. To whom such articles belong, and with whom to remain. 11. Mortgages, bonds, etc., to be particularly stated in inventory. 12. Money and bank-bills received, to be stated; if none the fact to be mentioned. 13. The appointment of a debtor executor, not to discharge debt. 14. Discharge of any debt in a will, to be deemed a specific bequest. 15. Duplicates of inventory to be made; one to be returned to surrogate. 16. Oath to be taken by executor or administrator, to be endorsed on inventory. 17-22. [Repealed.] ART. 1. 23. Inventory may be returned by one executor; those refusing, to forfeit their [82] appointment. 24. New assets discovered, to be appraised and inventoried; inventory to be returned. SECTION 1. Upon the application of an executor or administra- Surrogate tor, the surrogate who granted letters testamentary or of adminis- to appoint tration shall, by writing, appoint two disinterested appraisers as often 1Tucker, as occasion may require, to estimate and appraise the personal prop- C., 492. appraisers. 111; 3 T. & tion of. TITLE 3. erty of a deceased person, and such appraisers shall be entitled to Compensa receive a reasonable compensation for their services, to be allowed by the surrogate, but not exceeding for each appraiser the sum of five dollars for each day actually employed in making an appraisement or inventory, in addition to his actual expenses necessarily incurred; the number of days' services so rendered, and the amount of such expenses to be verified by the affidavit of the appraiser performing such services, to be made and delivered to the executor or administrator before payment of such fees, and to be adjusted by the surrogate. And no clerk or employee in a surrogate's office shall act as appraiser in any matter before such surrogate. [Thus appraiser. amended by L. 1873, ch. 225.] Surro. gate's clerk not to act as Appraisal. 20 N. Y., 120; 16 18 How. § 2. The executors and administrators of any testator or intestate, within a reasonable time after qualifying, and after giving the notice Barb., 558; in the next section required, with the aid of appraisers so appointed Pr. R. 206; by the surrogate, shall make a true and perfect inventory of all the goods, chattels, and credits of such testator, or intestate, and where the same shall be in different and distant places, two or more such inventories, as may be necessary. 37 Barb., 542; 38 N Y., 398; 1 Redf., 278; 2 Dem., 263, 331; 3 Dem., 127; 4 Dem., 401. Notice of appraisal. 15 How. Pr. R., 184; 4 [1 R. L., 311, § 1.] 3. A notice of such appraisement shall be served, five days pre4 Abb., 313; vious thereto, on the legatees and next of kin, residing in the county where such property shall be; and it shall also be posted in three of the most public places of the town. In every such notice, the time and place at which such appraisement will be made shall be specified. Dem., 177; 88 N. Y., 487. § 4. Before proceeding to the execution of their duty, the appraisers shall take and subscribe an oath, to be inserted in the inven264 Dem., tory made by them, before any officer authorised to administer Oath of appraisers. 18 Barb., 402. Proceedings. 36 Barb., 418; 4 oaths, that they will truly, honestly and impartially appraise the personal property, which shall be exhibited to them, according to the best of their knowledge and ability. [1 R. L., 311, § 2.] § 5. The appraisers shall, in the presence of such of the next of kin, legatees, or creditors of the testator or intestate as shall attend, Dem., 402. proceed to estimate and appraise the property which shall be exhibited to them; and shall set down each article separately, with the value thereof in dollars and cents, distinctly, in figures, opposite to the articles respectively. Assets. 3 Dem., § 6. The following property shall be deemed assets, and shall go 129; 25 Hun, to the executors or administrators, to be applied and distributed as part of the personal estate of their testator or intestate, and shall be 171; 33 Hun, 263; 37 Hun, 13; 1 Hun, 186. included in the inventory thereof: [83] 1. Leases for years; lands held by the deceased from year to year; and estates held by him for the life of another person: [1 R. L., 365, § 4.] 2. The interest which may remain in the deceased at the time of his death, in a term for years, after the expiration of any estate for years therein, granted by him or any other person: 3. The interest in lands devised to an executor for a term of years, for the payment of debts: 4. Things annexed to the freehold, or to any building, for the purpose of trade or manufacture, and not fixed into the wall of a house, so as to be essential to its support: 5. The crops growing on the land of the deceased, at the time of his death: 6. Every kind of produce raised annually by labor and cultivation, excepting grass growing and fruit not gathered: 7. Rent reserved to the deceased, which had accrued at the time of his death: [1 R. L., 439, § 18; 443, § 27.] 8. Debts secured by mortgages, bonds, notes or bills; accounts, money, and bank bills, or other circulating medium, things in action, and stock in any company, whether incorporated or not: 9. Goods, wares, merchandise, utensils, furniture, cattle, provisions and every other species of personal property and effects, not hereinafter excepted. 34 Ñ. Y., 348; 35 N. Y., 199; 48 N. Y., 284, 42 N. Y., 150; 1 Abb. Ct. App. Dec., 240; 9 ART. 1. not assets. § 7. Things annexed to the freehold, or to any building, shall not what are go to the executor, but shall descend with the freehold to the heirs 18 N. Y., or devisees, except such fixtures as are mentioned in the fourth sub- 28;1 Barb., 376; 1 division of the last section. Redf., 278. heirs. § 8. The right of an heir to any property not enumerated in the Rights of preceding sixth section, which by the common law would descend 10 Barb., to him, shall not be impaired by the general terms of that section. 432. § 9. Where a man having a family shall die, leaving a widow or a Articles to minor child or children, the following articles shall not be deemed ed in inassets, but shall be included and stated in the inventory of the estate, without being appraised: be includ but not ventory, appraised. Enumera. tion. 79; 6 Hill, Sandf. S.C., Bradf., 258; 46 Barb., 191; 2 1. All spinning-wheels, weaving-looms, one knitting machine, one sewing-machine, and stoves put up or kept for use by his family. 2. The family bible, family pictures, and school-books, used by or in the family of such deceased person, and books not exceeding in value fifty dollars, which were kept and used as part of the family library before the decease of such person. 3. All sheep to the number of ten, with their fleeces, and the Redf, 87; 2 yarn and cloth manufactured from the same, one cow, two swine Dem., 265, and the pork of such swine, and necessary food for such swine, sheep or cow for sixty days, and all necessary provisions and fuel for such widow or child or children for sixty days, after the death of such deceased person. 4. All necessary wearing apparel, beds, bedsteads and bedding, necessary cooking utensils, the clothing of the family, the clothes of the widow and her ornaments proper for her station; one table, six chairs, twelve knives and forks, twelve plates, twelve tea-cups and saucers, one sugar dish, one milk pot, one tea-pot and twelve spoons, and also other household furniture which shall not exceed one hundred and fifty dollars in value. [Thus amended by L. 1874, ch. 470.] [L. 1824, 32.] 268; 3Dem., 72; 24 Hun, Hun, 54; 92 109; 27 N. Y., 235; 18 Abb. N. C., 468. |