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. In effect Jan. 1, 1896; L. 1895, ch. 946. § 2491. [Amended, 1895.] 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, as prescribed in the last section but one, 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. In effect Jan. 1, 1896; L. 1895, ch. 946. § 2492. [Amended, 1893.] Temporary surrogate; when board of supervisors may appoint. -In any county, except New York, if the surrogate is disabled, by reason of sickness, and there is no specialsurrogate, or special county judge of the county, the board of supervisors may in its discretion, appoint a suitable person, to act as surrogate, until the surrogate's disability ceases; or, until a special surrogate or a special county judge is elected or appointed. A person so appointed must, before entering on the execution of the duties of his office, take and file an oath of office, and give an official bond, as prescribed by law, with respect to a person elected to the office of surrogate. In effect May 31, 1893; Laws 1893, ch. 686. New in form; see 3 2481, ante, and note. Matter of Hathaway, 71 N. Y.; see, also, Const., art. 10, % 2. § 2493. Id.; compensation.-An officer, or a person appointed by the board of supervisors, who acts as surrogate of any county during a vacancy in the office, or in consequence of disability, as prescribed in the last nine sections, must be paid, for the time during which he so acts, a compensation equal, pro rata, to the salary of the surrogate; or, in a county where the county judge is also surrogate, to the salary of the county judge. The amount of his compensation must be audited and paid, in like manner as the salary of the surrogate, or of the county judge, as the case may be. Where an officer of the county performs the duties of the surrogate, with respect to a particular matter, wherein the surrogate is disqualified or precluded from acting, the supervisors of the county must allow him a just compensation for his services therein, to be audited and collected in the same manner. See note to 2484, ante; L. 1871, ch. 859, 8 (9 Edm. 214), amended. $ 2494. Id.; 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, temporarily acting as surrogate of any county, as prescribed in this article, 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. See note to 2484, ante; 2 R. S. 80, 53 (2 Edm. 81). Munro's Estate, 15 Abb. 363; Clarke's Estate, 1 Tucker, 119. § 2495. [Amended, 1893.] Surrogate; when not to be counsel!—A surrogate shall not be counsel, solicitor, or attorney, in a civil action or special proceeding, for or against any executor, administrator, temporary administrator, testamentary trustee, guardian, or infant, over whom, or whose estate or accounts, he could have any jurisdiction by law. The surrogate of the county of Monroe shall not act as referee, or practice as attorney or counselor in any court of record in the state. In effect Mox 91 1902. Lowe 1902 ah A § 2496. Surrogate, when disqualified.—In addition to his general disqualifications as a judicial officer, a surrogate is disqualified from acting upon an application for probate, or for letters testamentary, or letters of administration, in each of the following cases: 1. Where he is, or claims to be, an heir or one of the next of kin to the decedent, or a devisee or legatee of any part of the estate. 2. Where he is a subscribing witness, or is necessarily examined or to be examined as a witness, to any written or nuncupative will. 3. Where he is named as executor, trustee, or guardian, in any will, or deed of appointment, involved in the matter. 2 R. S. 79, 848 (2 Edm. 80); L. 1847, ch. 470, 32 (4 Edm. 586); L. 1871, ch. 859, 8 (9 Edm. 214). Cornwell v. Wooley, 1 Abb. Ct. App. Dec. 441. S2497. Disqualification; when objection must be taken.-An objection to the power of a surrogate to act, based upon a disqualification, established by special provision of law, other than one of those enumerated in the last section, is waived by an adult party to a special proceeding before him, unless it is taken at or before the joinder of issue by that party; or, where an issue in writing is not framed, at or before the submission of the matter or question to the surrogate. 2 R. S. 276, 14 (2 Edm. 286); L. 1844, ch. 300, 6 (4 Edm. 698). 2498. Books to be kept by surrogate.-Each sur rogate must provide and keep the following books: 1. A record-book of wills, in which must be recorded, at length, every will, required by law to be recorded in his office, with the decree admitting it to probate, and also, if the probate is not contested, the proof taken thereupon. 2. A record-book of letters testamentary and letters of administration, in which must be recorded all such letters, issued out of his court. 3. A record-book, in which must be recorded every decree, whereby the account of an executor, administrator, trustee, or guardian is settled. 4. A book, containing a minute of every paper filed, or other proceeding taken, relating to the disposition of the real property of a decedent, and a record of every order or decree, made thereupon; with a memorandum of every report made, and other proceeding taken,, founded upon a decree for such a disposition. 5. A book, containing a record of every decree or order, the record of which is not required by this section to be kept elsewhere; together with a memorandum of each execution issued, and of the satisfaction of each decree recorded therein. 6. A book, in which must be recorded all letters of guardianship, issued out of his court. 7. A book of fees and disbursements, in which must be entered, by items, all fees charged or received by him for services or expenses, and all disbursements made or incurred by him, which are chargeable against those fees, or to the county. The expense of providing the books specified in this section is a county charge. 2 R. S. 222,7 (2 Edm. 231); 2 R. S. 110, 60 (2 Edm. 114); 2 R. S. 102, 13 (2 Edm. 106); 2 R. S. 80. 257 (2 Edm. 82); L. 1837, ch. 460, ?? 2 and 3 (4 Edm. 487); L. 1869, ch. 855. 2499. The same.-To each of the books, kept as prescribed in the last section, must be attached an al phabetical index, referring to the page of the book, where each subject may be found. The surrogate may keep two or more books, for a further division of the subjects specified in either subdivision of the st section; in which case, he must keep a separate index to each set of books. Each decree, revoking the probate of a will, or revoking or otherwise affecting letters tes tamentary, letters of administration, or letters of guard. ianship, or suspending or removing a testamentary trustee, or modifying or otherwise affecting any other decree, must be plainly noted at the end or in the mar gin of the record of the will, letters, or original decree, with a reference to the book and page where the subsequent decree is recorded. The books, kept as prescribed in the last section, appertain to the surrogate's office, and must be opened, at all reasonable times, to the in spection of any person. 2 R. S. 222, 87 (2 Edm. 232); L. 1837, ch. 460, 22 (4 Edm. 489). § 2500. [Amended, 1893.] Papers and books to be preserved and bonds filed.-The surrogate must carefully file and preserve in his office, every deposition. affidavit, petition, report, account, voucher, or other paper, relating to any proceeding in his court; and deliver to his successor all the papers and books kept by him. All bonds required to be filed with the surrogate. or in his office, must be proved or acknowledged as wledged § 2501. [Amended, 1893.] When fees not to be charged; report of fees.-If the inventory of personal property of a testator or intestate, filed in the office of the surro gate, does not exceed the sum of one thousand dollars, no fees for any services done or performed by the surrogate shall be charged to or received from the executor or administrator. If the petition for letters testamentary or of administration shall allege that in the belief of the petitioner the inventory will not exceed such amount, no fees shall be received until it appears from the inven tory when filed that the personal property does not exceed that sum. On the appointment of a guardian, if it appears that the application is made for the purpose of enabling the minor 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 parents or brother of such minor in the military or naval service of the United States, no fees shall be charged or received The surrogate of each county, except New York, must, at his own expense, make a report to the board of supervisors of the county, on the first day of each annual meeting thereof, containing a statement, verified by his oath, of all fees received or charged by him for services or expenses. since the last report, and of all disbursements chargeable against the same, or to the county, stating particularly each item thereof. In effect May 31, 1893. Laws 1893, ch. 686. 2502. Id.; in New-York county.-The surrogate of the county of New-York must, at his own expense, make and file in the office of the county clerk, a like report, between the first and twentieth days of January in each year. L. 1844, ch. 300, 5 (4 Edm. 697), amended. § 2503. What papers to be transmitted to secretary of State, expenses thereof.-A surrogate who admits to probate the will of a person, who was not a resident of the State at the time of his death; or grants original or ancillary letters testamentary upon such a will, or original or ancillary letters of administration upon the estate of such a person; must, within ten days thereafter, transmit to the secretary of State, to be filed in his office, a certified copy of the will or letters. The surrogate's fees for making the copy, and the expenses of trans mission, must be audited by the comptroller, and paid out of the treasury upon his warrant. 2 R. S. 80, 59 (2 Edm. 82), amended. ARTICLE THIRD. CLERKS; STENOGRAPHERS; MISCELLANEOUS PROVISIONE, Bro. 2504. Surrogate's court; when to be open. 2505. When surrogate to attend. 2506. When and where court held by county judge. |