before whom the will might have been proved, if not lost or destroyed, and letters testamentary may be issued thereon. A lost will must be proved to be in existence at the time of the death of the testator, or to have been fraudulently destroyed in his lifetime. Its contents must be clearly and distinctly proved by at least two witnesses. A correct copy, or draft, is equivalent to one witness. CHAPTER LXII. LETTERS TESTAMENTARY. 1. WHEN a will has been admitted to probate, the surrogate issues letters testamentary to the executor named in the will. The widow, or a legatee, or any next of kin, or a creditor, may object to granting letters to the executor named in the will. They may make an affidavit, stating that they intend to file objections against granting letters testamentary to such executor, and that they are advised and believe that there are just and substantial objections to granting such letters. Upon filing such affidavit, the surrogate will stay the granting such letters. The objections must, within a reasonable time, be prepared and filed with the surrogate. 2. No person is competent to act as executor, who, at the time the will is proved, is-1. Incapable, in law, of making a contract (except married women); 2. Under cree of a competent court, by whom is the decree recorded? Who issues letters testamentary thereon? When must a lost will be proved to be in existence? By how many witnesses must its contents be proved? To what is a copy, or draft, equivalent? 1. When a will has been admitted to probate, what does the surrogate issue? To whom? Who may object to granting letters testamentary to the executor named in the will? What must the person objecting state in an affidavit which he files with the surrogate? Upon filing such affidavit, what will the surrogate do? When must the objections be filed? 2. Who are incompetent to act as executors? If any such person be the age of twenty-one years; 3. An alien, not being an inhabitant of the State; 4. Who shall have been convicted of an infamous crime; 5. Who, upon proof, shall be judged incompetent by the surrogate to execute the duties of such trust, by reason of drunkenness, improvidence, or want of understanding. If any such person be named in the will as executor, the surrogate will withhold letters testamentary from such person, and issue letters of administration, with the will annexed, to some other person. No married woman is entitled to letters testamentary, unless her husband consent thereto in writing, to be filed with the surrogate. By giving such consent, he becomes responsible for her acts, jointly with her. 3. If a creditor file objections to the responsibility of the executor named in the will, it is the duty of the surrogate to investigate such objections; and if it appear that the circumstances of such person would not afford adequate security for the due administration of the estate, the surrogate may refuse letters to such person until he give security. If the executor named in the will be a non-resident of the State, he is required to give security for the due execution of the will. Any person named in a will as executor may renounce such appointment. If the executor named in the will does not appear and take upon him the execution of the will within a reasonable time after probate, the surrogate may issue a summons, directed to such executor, requiring him to appear and qualify within a time limited in such summons; or, in default thereof, he will be deemed to have renounced the appointment. In case of sickness, or for other reasonable named in the will as executor, what action will the surrogate take? When only is a married woman entitled to letters testamentary? What is the effect of giving such consent? 3. If a creditor file objections to the responsibility of the executor named in the will, what is the duty of the surrogate? If the circumstances of such person do not afford adequate security to the due administration of the estate? If the executor named in the will be a nonresident of the State? Who may renounce the executorship? If the executor named in the will does not appear and qualify within a reason canse, 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 circum stances 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 graut 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 adminis tration, 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 |