stenographer, shall be filed and need not be re

460, § 20 (2 Edm. 491); 2 R. S. 58, §§ 13, 16, 17 (2 Edm. 59, ch. 508.

oof of lost or destroyed will.

estroyed will can be admitted to probate in a surrobut only in a case, where a judgment establishing the rendered by the supreme court, as prescribed in sechis act.

59. § 8; 2 R. S. 68, § 67, b. (2 Edm. 69).

obate not allowed, unless surrogate satisfied,

itting a will to probate, the surrogate must inquire nto all the facts and circumstances, and must be he genuineness of the will, and the validity of its efore admitting a written will to probate, the surn his discretion, require proof of the circumstances execution, the delivery, and the possession thereof, em, to be made by the affidavit, or the testimony , of the person who received the will from the tesan be produced, and, also, of the person presenting

0, § 17, and part of § 10 (4 Edm. 489, 490).

; when sufficiently proved.

to the surrogate that the will was duly executed; estator, at the time of executing it, was in all rent to make a will, and not under restraint; it must probate, as a will valid to pass real property, or rty, or both, as the surrogate determines, and the tation require, and must be recorded accordingly. mitting it to probate must state whether the pros not contested.

1 (2 Edm. 59); L. 1837, ch. 460, § 18 (4 Edm. 490).

dity and construction of testamentary pro

y expressly puts in issue, before the surrogate, the iction, or effect of any disposition of personal propin the will of a resident of the State, executed e, the surrogate must determine the question upon cree; unless the decree refuses to admit the will reason of a failure to prove any of the matters last section.

§ 11. See § 2694, post..

gate's decision on probate.

rogate decides against the sufficiency of the proof, alidity of a will, or upon the construction, validity, of any provision thereof, he must make a decree 1. if required by either party, he must enter in grounds of his decision.

§ 21 (4 Edm. 491), am'd.

§ 2626. [Am'd, 1882.] Probate; how far conclusive as to personalty.

A decree, admitting to probate a will of personal property, made as prescribed in this article, is conclusive, as an adjudication, upon all the questions determined by the surrogate pursuant to this ar ticle, until it is reversed upon appeal, or revoked by the surre gate; except that a determination, made under section 2624 of this act, is conclusive only upon the petitioner, and each party who was duly cited or appeared, and every person claiming from through, or under either of them.

2 R. S. 61, § 29 (2 Edm. 61).

§ 2627. [Am'd, 1881.] Id.; as to realty.

A decree, admitting to probate a will of real property, made as prescribed in this article, establishes, presumptively, only, all the matters determined by the surrogate, pursuant to this article. as against a party who was duly cited, or a person claiming from, through, or under him; or upon the trial of an action, or the hearing of a special proceeding, in which a controversy arises co cerning the will, or where the decree is produced in evidence, in favor of or against a person, or in a case specified in this section the testimony taken in the special proceeding wherein it was made, may be read in evidence, with the same force and effect as if it was taken upon the trial of the action, or the hearing the special proceeding, wherein the decree is so produced. 2 R. S. 59, § 18 (2 Edm. 60).

§ 2628. When purchaser from heir protected notwith standing a devise.

The title of a purchaser in good faith and for a valuable co sideration, from the heir of a person who died seized of res property, shall not be affected by a devise of the property ma by the latter, unless within four years after the testator's death the will devising the same is either admitted to probate and corded as a will of real property in the office of the surrogate ha ing jurisdiction, or established by the final judgment of a cort of competent jurisdiction of the State, in an action brought that purpose. But if, at the time of the testator's death, devisee is either within the age of twenty-one years, or insane, imprisoned on a criminal charge, or in execution upon convict of a criminal offence, for a term less than for life; or without the State; or, if the will was concealed by one or more of the he of the testator, the limitation created by this section does i begin until after the expiration of one year from the remova! such a disability, or the delivery of the will to the devisee or representative, or to the proper surrogate.

1 R. S. 748, § 3 (1 Edm. 699).

§ 2629. [Am'd, 1882.] Will certified, or record therest may be read in evidence.

The surrogate must cause to be indorsed upon, or annexed ta the original will admitted to probate, or the exemplified copy, statement of the tenor of a will, which was admitted without p duction of an original written will, a certificate. under his ha: or the hand of the clerk of his court, and his seal of office, stati that it has, upon due proof, been admitted to probate, as a w valid to pass real or personal property, or both, as the ce

e will, or the copy or statement, so authenticated, the of, or an exemplified copy of the record, may be read as proof of the original will, or of the contents of , without further evidence, and with the effect speci st three sections.

15 (2 Edm. 59); 2 R. S. 80, § 58 (2 Edm. 82).

ecording wills proved elsewhere within the

t of a will of real property, proved and recorded ir he State, of competent jurisdiction, and of all the no , and proofs relating to the same, must, when duly be recorded, upon the request of any person inter, in the surrogate's court of any county, in which of the testator is situated.

460, § 68 (4 Edm. 499).

-ords of certain wills heretofore proved; how

e.

lification of the record of a will, proved before the former court of probates, and recorded in his office st day of January, in the year 1785, certified under e officer having custody of the record, must be adence in any case, after it has been made to appear and fruitless search has been made for the original

20 (2 Edm. 60).

d, 1894.] The same.

fied copy of the last will and testament of any dewhich has been admitted to probate, whether as or personal property, or of both, and recorded in e surrogate in any county of this State, before the nuary in the year eighteen hundred and sixty-five, ted in evidence in any of the courts of this State, oofs and examination taken on the probate thereof, such proofs shall have been recorded or not, with f the original of such will had been produced and court. And the recording of such will shall be evisame was duly admitted to probate. The exemplirecord of a will which has, before the first day of year eighteen hundred and sixty-five, been proved ogate or judge of probate, or other officer exercising etion of another State must, when certified by the y law, when the certificate was made, custody of admitted in evidence as if the original will was roved.

'd, 1881 and 1882.] Id.; as to wills of real

al property, which has been, at any time, either this chapter takes effect, duly proved in the sur the court of chancery, or before a surrogate of the certificate of proof thereof annexed thereto, reon, or an exemplified copy thereof, may be reoffice of the clerk or the register, as the case re

quires, of any county in the State, in the same manner as a deed of real property. Where the will relates to real property, the executor or administrator, with the. will annexed, must cause the same, or an exemplified copy thereof, to be so recorded, in each county where real property of the testator is situated, within twenty days after letters are issued to him. An exemplification of the record of such a will, from any surrogate's or other office where the same has been so recorded, either before or after this chapter takes effect, may be in like manner recorded in the office of the clerk or register of any county. Such a record or exempl fication, or an exemplification of the record thereof, must be re ceived in evidence, as if the original will was produced and proved.

L. 1846, ch. 182, § 1 (4 Edm. 438); L. 1869, ch. 748, § 1 (7 Edm. 472).

§ 2634. Index and fees.

Upon recording a will or exemplification, as prescribed in the last section, the clerk or register must index it in the same books and substantially in the same manner, as if it was a deed corded in his office, and he is entitled to receive the same fer therefor, as for recording a deed. An executor, or administrat with the will annexed, who causes such a record to be ma must be allowed, in his account, the fees paid by him therefor. Id., §§ 3 and 4 (4 Edm. 439).

§ 2635. Wills to be returned after probate.

Except where special provision is otherwise made by law. . written will, after it has been proved and recorded, must be tained by the surrogate, until the expiration of one year after has been recorded, and, if a petition for the revocation of probst thereof is then filed, until a decree is made thereupon. It mes then be returned, upon demand, to the person who delivered unless he is dead, or a lunatic, or has removed from the State; which case, it may, in the discretion of the surrogate, be deliver to any person named therein as devisee, or to an heir or 2 signee of a devisee; or, if it relates only to personal property. the executor, or administrator, with the will annexed, or to legatee.

2 R. S. 66, § 54 (2 Edm. 66).

§ 2636. When letters testamentary may be issued. Where a will, which is admitted to probate, names one or mo persons to be executor or executors thereof, upon a contingenc the surrogate must inquire into the facts, and, if the contingen has happened, that fact must be recited in the decree. Immed ately after a will has been admitted to probate, the person persons named therein as executors, who are competent by law serve. and who appear and qualify, are entitled to letters tes mentary thereupon: unless, before the letters are granted, a e itor of the decedent, or a person interested in the estate, files! affidavit, specifying his demand, or how he is interested, and eit! setting forth specifically one or more legal objections to granti the letters to one or more of the executors, or stating that be advised and believes that there are such objections, and that! intends to file a specific statement of the same. Where such affidavit is filed. the surrogate must stay the granting of letter at least thirty days, or until the matter is sooner disposed of. A

or statement of an objection, made as prescribed in must be verified by the oath of the objector, or his the effect that he believes it to be true.

§ 1 (2 Edm. 71); L. 1837, ch. 460, § 22 (4 Edm. 491).

ırrogate to inquire into objections.

rate must inquire into an objection, filed as prescribed ection; and, for that purpose, he may receive proof, by otherwise, in his discretion. If it appears that there 1 sufficient objection to any person, named as executor etters shall not be issued to him, except as prescribed ¡ection.

§ 6 (2 Edm. 71).

ɔnd; when required.

of the following cases, a person named as executor in entitle himself to letters testamentary thereupon, by d as prescribed by law, although an objection against n established to the satisfaction of the surrogate: the objection is, that his circumstances are such, that afford adequate security to the creditors, or persons the estate, for the due administration of the estate. he objection is that he is not a resident of the State; citizen of the United States.

son against whom there is no objection, except that nce, is entitled to letters testamentary, without givif he has an office within the State, for the regular of business in person; and the will contains an exon, to the effect that he may act without giving se

1; L. 1873, ch. 657 (9 Edm. 699).

nunciation; retraction thereof.

amed as executor in a will, may renounce the appointinstrument in writing, signed by him, and acknowlved, and certified, in like manner as a deed to be ree county, or attested by one or more witnesses, and - satisfaction of the surrogate. Such a renunciation cted by a like instrument, at any time before letters , or letters of administration with the will annexed, sued to any other person in his place; or, after they issued, if they have been revoked, or the person to were issued has died, or become a lunatic, and there eting executor or administrator. Where a retraction letters testamentary may, in the discretion of the -issued to the person making it. An instrument his section must be filed and recorded in the surro

am. 72).

ection of an executor under a power.

will contains a valid power, authorizing the selector thereof, of a person not named therein, the sebe made, by the person appointed for that purpose, days after making the decree admitting the will to default whereof, the power of selection is deemed renounced. Such selection must be made by an in