nds, either into the surrogate's court, or as the surrocts, a decree may be made, accepting his resignation, arging him accordingly.

70, ch. 359, § 3.

Petition for security from testamentary trustee. rson, beneficially interested in the execution of the y present to the surrogate's court a written petition, ied, setting forth, either upon his knowledge, or upon nation and belief, any fact, respecting a testamentary he existence of which, if it was interposed as an obO granting letters testamentary to a person named or in a will, would make it necessary for such a person curity, in order to entitle himself to letters; and praydecree, directing the testamentary trustee to give or the performance of his trust; and that he may be how cause, why such a decree should not be made. presentation of such a petition, the surrogate must tation accordingly. Upon the return of the citation, equiring the testamentary trustee to give such security, ade, in a case where a person so named as executor himself to letters testamentary, only by giving a bond; herwise.

Security; how given.

rity, given as prescribed in the last section, must be the same effect, and in the same form, as an executor's ch provision of this chapter, applicable to the bond cutor, or to the rights, duties, and liabilities of the ereto, or any of them, including the release of the nd the giving of a new bond, apply to the bond so to the parties thereto.

Removal of testamentary trustee.

of the following cases, a person beneficially interested cution of the trust, may present to the surrogate's itten petition, duly verified, setting forth the facts, g for a decree removing a testamentary trustee from and that he may be cited to show cause, why such a ld not be made:

, if he was named in a will as executor, letters teswould not be issued to him, by reason of his personal tion or incompetency.

, by reason of his having wasted or improperly apmoney or other property in his charge, or invested ecurities unauthorized by law, or otherwise improviaged or injured the property committed to his charge, n of other misconduct in the execution of his trust, sty, drunkenness, improvidence, or want of undere is unfit for the due execution of his trust.

he has failed to give a bond, as required by a decree, rescribed in the last two sections; or has wilfully without good cause neglected, to obey a direction ogate, contained in any other decree, or in an order, escribed in this title; or any provision of law, relating harge of his duty.

ch. 1, § 7.

2818. [Am'd, 1884.] Appointment of successor. Where a sole testamentary trustee dies, or becomes a lunatic, or is, by a decree of the surrogate's court, removed or allowed to resign, and the trust has not been fully executed, the same court may appoint his successor; unless such an appointment would contravene the express terms of the will. Where one of two or more testamentary trustees dies or becomes a lunatic, or is by decree of the surrogate's court removed or allowed to resign, a successor shall not be appointed except where such appointment is necessary in order to comply with the express terms of the will, or unless the same court or the supreme court shall be of the opinion that the appointment of a successor would be for the benefit of the cestui que trust. Unless and until a successor is appointed the remaining trustee or trustees may proceed and execute the trust as fully as if such trustee or trustees had not died, become a lunatic, been removed or resigned. Where a decree removing a trustee or discharging him upon his resignation does not designate his successor, or the person designated therein does not qualify, the successor must be appointed and must qualify in the manner prescribed by law for the appointment and qualification of an administrator with the will annexed.

L. 1870, ch. 359, § 3; 1 R. S. 730, ch. 1, §§ 68, 71; L. 1884, ch. 408. § 2819. Proceedings where testamentary trustee is also executor or administrator.

Where the same person is a testamentary trustee, and also the executor of the will, or an administrator upon the same estate proceedings taken by or against him, as prescribed in this title do not affect him as executor or administrator, or the creditors of, or persons interested in, the general estate, except in one of the following cases:

1. Where he presents a petition, praying for the revocation of his letters, he may also, in the same petition, set forth the facts, upon showing which he would be allowed to resign as testamentary trustee; and may thereupon pray for a decree allowing him so to resign, and for a citation accordingly.

2. Where a person presents a petition, praying for the revoc tion of letters issued to an executor or administrator; and ar of the facts set forth in the petition are made, by the provisio of this title, sufficient to entitle the same person to present = petition, praying for the removal of a testamentary trustee; the petitioner may pray for a decree, removing the person complaint of in both capacities, and for a citation accordingly.

In either case, proceedings upon the petition for the resign tion or removal, as the case requires, of the testamentary truste and for the judicial settlement of his account, may be taken. prescribed in this title, in connection with, or separately fro the like proceedings upon the petition for the revocation of t letters, as the surrogate directs.

§ 2820. Application of this title.

The provisions of this title apply to a trust created by the wiof a resident of the State, or relating to real property, situzt within the State, without regard to the residence of the trusten. or the time of the execution of the will.

TITLE VII.

Provisions relating to a guardian.

ppointment, removal, and resignation of a general guardian, ipervision and control of a general guardian. Settlement of his accounts.

uardians appointed by will or deed.

ARTICLE FIRST.

ent, removal, and resignation of a general guardian.

Ower of court to appoint guardians.

etition for appointment, by infant over fourteen.

ontents of petition; citation.

.; where petitioner is a married woman.

pointment of guardian.

ardian to be nominated by infant.

pointment of temporary guardian for infant under fourteen.

rm of office of temporary guardian.

quiry as to value of property.

alification of guardian of property.

; of guardian of person.

en letters may be revoked for misconduct, etc. ation; hearing; decree.

spension of guardian; effect thereof.

plication by guardian for revocation of letters.

ceedings thereupon.

rd or new guardian may require accounting. lication for ancillary letters to foreign guardian. -ceedings thereupon.

ect of ancillary letters.

lication of the last section to former guardians.

ower of court to appoint guardians.

gate's court has the like power and authority to aperal guardian, of the person or of the property, or infant, which the chancellor had, on the thirty-first ember, eighteen hundred and forty-six. It has also uthority to appoint a general guardian, of the person operty, or both, of an infant whose father or mother d to appoint a general guardian, of the property infant married woman. Such power and authority rcised in like manner as they were exercised by the incery, subject to the provisions of this act. The may be appointed guardian of an infant in both the guardianship of the person and of the property nitted to different persons.

6 (2 Edm. 157); L. 1870, ch. 341 (7 Edm. 716); L. 1871, ch. 2).

ition for appointment, by infant over fourteen. the following cases, an infant of the age of fourteen ards, may present, to the surrogate's court of the ich he resides; or, if he is not a resident of the surrogate's court of the county in which any of his or personal, is situated; a written petition, duly ng forth the facts upon which the jurisdiction of ends, and praying for a decree appointing a general er of his person, or of his property, or both, as the ; and, if necessary, that the persons, entitled by d upon such an application, may be cited to show ich a decree should not be made:

1. Where such a general guardian has not been duly appointed, either by a court of competent jurisdiction of the State, or by the will or deed of his father or mother, admitted to probate or authenticated, and recorded, as prescribed in section 2851 of this act.

2. Where a general guardian so appointed has died, become incompetent or disqualified; or refuses to act; or has been removed; or where his term of office has expired.

Where the petitioner is a non-resident married woman, and the petition relates to personal property only, it must affirmatively show that the property is not subject to the control or disposition of her husband, by the law of the petitioner's residence.

2 R. S. 150, § 4 (2 Edm. 157); L. 1870, ch. 59 (7 Edm. 589); L. 1871, c 32 (9 Edm. 58).

2823. Contents of petition; citation.

A petition, presented as prescribed in the last section, must also state whether or not the father and mother of the petitioner are known to be living. If either of them is known to be living. and the petition does not pray that the father, or, if he is dead. that the mother, may be appointed the general guardian, it must set forth the circumstances which render the appointment of another person expedient; and must pray that the father, or, i he is dead, that the mother, of the petitioner may be cited to show cause, why the decree should not be made. A citation. issued to the father of the petitioner, must be served at least ten days before it is returnable. Where the case is within suldivision second of the last section, the petition must pray that the person formerly appointed general guardian may be cited unless it is shown that he is dead. The surrogate must inquire and ascertain as far as practicable, what relatives of the infan reside in his county; and he may, in his discretion, cite any relstive or class of relatives of the infant, residing in that count or elsewhere, to show cause why the prayer of the petitio should not be granted.

L. 1870, ch. 341 (7 Edm. 716).

§ 2824. Id.; where petitioner is a married woman.

The last section applies, where the petitioner is a marrie woman; except that her husband must also be cited, and the the surrogate may, in his discretion, make a decree, appointin a guardian of her property, without citing her father or be mother.

2825. Appointment of guardian.

Upon the return of the citation, the surrogate must make st a decree in the premises, as justice requires. He may, in discretion, hear allegations and proofs from a person not a party Where a citation is not issued, the surrogate must, upon the pre sentation of the petition, inquire into the circumstances. Fer the purpose of such an inquiry, or of an inquiry into the amour: of security to be required of the guardian, he may issue a s poena, requiring any person to attend before him, to testify specting any matter involved therein. If he is satisfied that the allegations of the petition are true in fact, and that the interests of the infant will be promoted by the appointment of a gener guardian, either of his person or of his property, he must mak a decree accordingly, except that a guardian of the person of!

woman shall not be appointed. In a proper case, he int a general guardian in one capacity, without a citaissue a citation, to show cause against the appointment eral guardian in the other capacity.

51, § 6 (2 Edm. 157).

Guardian to be nominated by infant.

lian, appointed upon the application of an infant of the urteen years, or upwards, as prescribed in this article, nominated by the infant, subject to the approval of the

50, § 4 (2 Edm. 157).

Appointment of temporary guardian for infant

urteen.

ive of an infant under fourteen years of age, or any son in behalf of such an infant, may present, to the s court of the county in which the infant resides; or, ot a resident of the State, to the surrogate's court of in which any of the infant's property, real or personal, 1; a written petition, duly verified, setting forth the which the jurisdiction of the court depends, and praydecree appointing a guardian of the person, or of the or both, of the infant, to serve until the infant attains f fourteen years, and a successor to the guardian is The cases in which such a guardian may be appointed, ts of the petition, and the proceedings thereupon, are as prescribed in the foregoing sections of this article, ct to the appointment of a general guardian, upon the an infant of the age of fourteen years or upwards; exhe surrogate must nominate, as well as appoint, the temardian.

1, § 5 (2 Edm. 157).

Term of office of temporary guardian.

à of office of a guardian, appointed as prescribed in the , expires when the infant attains the age of fourteen after the infant attains that age, the person so aptinues to retain all the powers and authority, and is all the duties and liabilities, of a guardian of the perthe property, or both, pursuant to his letters; until or is appointed and has qualified, or until his letters 1, or some other cause, by the decree of the surrogate's his sureties are responsible accordingly.

nquiry as to value of property.

general guardian of the property of an infant is apprescribed in this article, the surrogate must inquire ant's circumstances, and must ascertain, as nearly as the value of his personal property, and of the rents of his real property.

§ 6.

m'd, 1881, 1892.] Qualification of guardian of

ters of guardianship of an infant's property are issued gate's court, the person appointed must, besides tak