a certain time to be therein specified, not less than six months after the first publication of such notice in the official state paper. If before such time any person entitled to administer appears and claims the same, the surrogate must cause ten days' notice of such claim to be served on the county treasurer and may, at the expiration of such time, grant letters to such person unless it appear that he is not entitled thereto; and thereon the publication of the notice must be discontinued. At the time appointed, if letters have not been previously granted, any person entitled to administration on such estate and duly qualified and competent, who appears and claims the same, shall be entitled to letters testamentary or of administration, as the case may be. On the granting of such letters, all control and authority of the county treasurer over the estate of the deceased cease, and he must deliver all the assets in his hands to the person so appointed after deducting therefrom the expenses incurred in securing and preserving the assets, in obtaining letters, and publishing the notice herein required, and a reasonable compensation for his services not exceeding three dollars for each day necessarily employed, to be allowed and taxed by the surrogate on the oath of the county treasurer. If letters testamentary or of administration be not granted by the surrogate to any person at or before the expiration of the time specified in the notice then unless it appear that such letters have already been granted by some other surrogate, the surrogate must grant letters of administration thereon to the county treasurer as in other cases, on receiving the like bond, with the like sureties, and in the like penalty, as administrators are required to give. The county treasurer must accept of such letters and give the bond above required. Such letters and the record thereof and a transcript of such record, duly certified, are conclusive evidence of the authority of the county treasurer in all cases in which the surrogate has jurisdiction under this article. The surrogate must immediately transmit to the comptroller a certified copy of all such letters granted by him to the county treasurer, the expense of which must be paid to him out of the state treasury, on the warrant of the comptroller. Until letters of administration be granted, the county treasurer shall not proceed further in the administration of any estate than to pay the funeral charges of the deceased, to collect debts, to take possession of and secure his effects, to sell such thereof as are perishable and to defray the expenses of the proceedings required by law.

Am'd by chap. 686 of 1893.

§ 2667. When authority of county treasurer superseded. The powers and authority of the county treasurer in relation to the estate of a deceased person shall be superseded:

1. By the production of letters testamentary granted before or subsequently to his becoming vested with the authority of an administrator on the same estate.

2. By the production of letters of administration granted to any other person on the same estate before the county treasurer became vested with the powers of an administrator thereon.

3. By the production of letters of administration issued by the surrogate of a county in this state of which the deceased was a resident at the time of his death, granted after the county treasurer became vested with the powers of an administrator on the estate of such deceased.

When his authority is so superseded, he must deliver to the executor or administrator producing such letters, all the assets of the deceased in his hands, after deducting therefrom the allowance for his services and the

expenses incurred, to be taxed and allowed by the surrogate. All acts done by him in good faith previous to the time when his authority shall be superseded shall be valid. All suits commenced by him may be continued by and in the name of the executor or administrator who succeeds him in the administration of the estate in relation to which the suit may be brought. Am'd by chap. 686 of 1893.

ARTICLE FIFTH.

TEMPORARY ADMINISTRATION.

SECTION 2668. Powers and proceedings of county treasurer as administrator; payments into state treasury.

2669. Public administrator of Kings county.

2670. When and how temporary administrators may be appointed.

2671. Id.; to qualify.

2672. General powers, etc., of temporary administrator.

2673. Id.; as to requiring creditors to present claims.

2674. Id.; as to paying debts.

2675. Id.; as to real property.

2676. Special powers of temporary administrator of absentees.

2677. Temporary administrator of absentee may provide for family.

2678. Deposit of money by temporary administrator.

2679. Proceedings where he neglects to deposit.

2680. Money deposited; how withdrawn.

2681. Notices required by this article; how given.

2682. When time to run for or against the estate.

2683. Application of this chapter to collectors, etc., heretofore appointed.

§ 2668. Powers and proceedings of county treasurer as administrator; payments into state treasury. On receiving letters of administration, the county treasurer shall be vested with all the powers and rights of other administrators, and subject to the same duties and obligations, except as herein otherwise provided. He must account and may be compelled to account in the same manner as other administrators, and proceedings for such accounting may be had at the instance of any person interested, or of the attorney-general or the comptroller. He must be allowed on the settlement of his accounts for his expenses as other administrators and for his services double the commissions allowed them by law. The residue of any moneys in his hands must be paid into the treasury of the state for the benefit of the persons entitled to receive the same. He must exhibit to the comptroller annually, at the time of rendering his account of taxes, a verified statement of all moneys received by him for commissions, services and expenses, and the total amount of his receipts and expenditures in each case in which he has taken charge of and collected any effects, or in which he has administered on any estate during the preceding year, with the name of the deceased, his place of residence at the time of his death, if known, and the place from which he came, if he was not a resident of the state at the time of his death. A copy of such statement must be published once a week for three weeks in a paper printed in the county and in the official state paper, the expense of which may be retained by him out of any balance in his hands payable into the state treasury. For a neglect to comply with. this provision, he forfeits one hundred dollars to the people of the state, to be recovered by the attorney-general; and the comptroller shall give notice to the attorney-general of every such omission,

Am'd by chap. 686 of 1893.

§ 2669. Public administrator of Kings county. The surrogate of the county of Kings and the county treasurer of such county may appoint a public administrator of the county to hold office for the term of five years unless sooner removed for cause. Before entering on the duties of his office, he must take and subscribe before the county clerk or county judge of the county, or a justice of the supreme court, the constitutional oath of office, and execute a bond with sureties to be approved by a justice of the supreme court, or such county judge, to the county of Kings, in the penal sum of fifty thousand dollars, conditioned for the faithful discharge of all the duties of his office, and that he will fully and correctly account for and pay over all moneys and property that may come into his hands as such public administrator, according to law, which bond must be filed with the clerk of the county. He shall be entitled to retain from all moneys or property of any intestate that come into his hands after deducting all actual and necessary expenses the same commissions as are now allowed by law to executors or administrators, but he shall receive no salary for his services. shall have the prior right and authority to collect, take charge of and administer upon the goods, chattels, personal property and debts of persons dying intestate and for that purpose to maintain suits as such public administrator, as any executor or administrator might by law in the following

cases:

He

1. Whenever such person dies leaving any assets or effects in the county of Kings, and there is no widow, husband or next of kin entitled to a distributive share in the estate of such intestate, resident in the state, entitled, competent or willing to take out letters of administration on such estate.

2. Whenever assets or effects of any person dying intestate, after his death, come into the county of Kings and there is no such person entitled, competent or willing to take administration of the estate. In such cases intestacy is presumed until a will is proved and letters testamentary issued thereon. All provisions of law conferring jurisdiction, authority or power on, or otherwise relating to, the office of public administrator of the city of New York and to the office of public administrator in the several counties of the state, so far as applicable, apply to and are conferred on the office hereby created. The surrogate of the county of Kings, in cases where now authorized by law to issue letters of temporary administration, may in his discretion issue letters of temporary administration to such administrator without further security than required by this section.

Am'd by chap. 686 of 1893.

V-2674

§ 2610. When and how temporary administrators may be appointed. On the application of a creditor, or a person interested in the estate, the surrogate may, in his discretion issue to one or more persons competent and qualified to serve as executor, letters of temporary administration, in either of the following cases:

1. Where delay necessarily occurs in the granting of letters testamentary or letters of administration, in consequence of a contest arising on an application therefor, or for probate of a will; or in consequence of the absence from the state of an executor named in the will; or for any other

cause.

2. Where a person, of whose estate the surrogate would have jurisdiction, if he was shown to be dead, disappears or is missing, so that after diligent search, his abode cannot be ascertained, and under circumstances which afford reasonable ground to believe either that he is dead, or that he has become a lunatic or that he has been secreted, confined, or otherwise unlaw

fully made away with; and the appointment of a temporary administrator is necessary for the protection of his property, and the rights of creditors, or of those who will be interested in the estate, if it is found that he is dead. An appointment of a temporary administrator in a case specified in subdivision first must be made by an order. At least ten days' notice of the application for such an order must be given to each party to the proceeding, who has appeared, unless the surrogate is satisfied by proof that the safety of the estate requires the notice to be shortened, in which case he may shorten the time of service to not less than two days. Application for such an appointment, in a case specified in subdivision second, must be made by petition, in like manner as where an application is made for administration, in case of intestacy; and the proceedings are the same as prescribed in article fourth of this title, relating to such last-mentioned application. Such an application for the appointment of a temporary administrator may also be made, with like effect, and in like manner, as if made by a creditor, by the county treasurer of the county where the person whose estate is in question, last resided; or, if he was not a resident of the state, of the county where any of his property, real or personal, is situated. A temporary administrator must qualify as prescribed in article fourth of this title, with respect to an administrator-in-chief.

Am'd by chap. 686 of 1893.

Code, §§ 2668, 2669, 2670 and 2671, consolidated.

§ 2671. Id.; to qualify. A temporary administrator must qualify, as prescribed in article fourth of this title, with respect to an administratorin-chief.

§ 2672. General powers, etc., of temporary administrator. A temporary administrator, appointed as prescribed in this article, has authority to take into his possession personal property; to secure and preserve it; and to collect choses in action; and, for either of these purposes, he may maintain any action or special proceeding. An action may be maintained against him, by leave of the surrogate, upon a debt of the decedent, or of the absentee whom he represents, in like manner and with like effect as if he was an administrator-in-chief. The surrogate may, by an order made upon at least ten days' notice to all the parties who have appeared in the special proceeding, authorize the temporary administrator to sell, after appraisal, such personal property, specifying it, of the decedent, or of the absentee whom he represents, as it appears to be necessary to sell, for the benefit of the estate; or, if it appears that the safety of the estate requires the notice to be shortened, the surrogate may shorten the notice to not less than two days. The surrogate may, also, by order, authorize him to pay funeral expenses, or any expenses of the administration of his trust, or stenographer's or referee's fees on contest of a will or administration; and he may also direct the payment of a legacy or other pecuniary provision under a will or a distributive share or just proportionate part thereof, according to section 2719 of this act as though he were an executor or administrator. Am'd chap. 535 of 1881.

§ 2673. Id.; as to requiring creditors to present claims. After six months have elapsed, since letters were issued to a temporary administrator, appointed upon the estate, of either a decedent or an absentee, he has the same power, as an administrator-in-chief, to publish a notice requiring

creditors of the decedent or absentee, to exhibit their demands to him. The publication thereof has the same effect, with respect to the temporary administrator, and also an executor or administrator, subsequently appointed upon the same estate, as if the temporary administrator was the executor or an administrator-in-chief, and the person to whom the subsequent letters are issued was his successor.

§ 2674. Id.; as to paying debts. After a year has elapsed, since letters were issued to a temporary administrator, appointed upon the estate, of either a decedent or an absentee, the surrogate may, upon the application of the temporary administrator, and upon proof, to his satisfaction, that the assets exceed the debts, make an order, permitting the applicant to pay the whole or any part of a debt, due to a creditor of the decedent or absentee; or, upon the petition of such a creditor, he may issue a citation to the temporary administrator, requiring him to show canse why he should not pay the petitioner's debt. When such a petition is presented, the proceedings are, in all respects, the same as where a creditor presents a petition, praying for a decree directing an executor or administrator to pay his debt, as prescribed in article first of title fourth of this chapter.

Lover-45

§ 2675. Id.; as to real property. Where a temporary administrator is -Yappointed, in consequence of a contest respecting a will of real property, the order appointing him may confer upon him authority to take possession of real property, in the same or another county, which is affected by the will, and to receive the rents and profits thereof. The surrogate may, by an order, confer upon him authority to lease any or all of the real property, for a term not exceeding one year; or to do any other act with respect thereto, except to sell it, which is, in the surrogate's opinion, necessary for the execution of the will, or the preservation or benefit of the real property. For either of these purposes, he may maintain or defend any action or special proceeding.

§ 2676. Special powers of temporary administrator of absentee. A temporary administrator, appointed upon the estate of an absentee, has all the powers and authority enumerated in the last section, with respect to the real property of the absentee. His acts, done in pursuance of that authority, bind the absentee, if he is living, or his heir or devisee, if he is. dead, in the same manner as the acts of an executor or administrator bind his successor.

§ 2677. Temporary administrator of absentee may provide for family. Upon proof, satisfactory to the surrogate, that the wife or any infant child of an absentee, upon whose estate a temporary administrator has been appointed, is in such circumstances, as to require provision to be made out of the estate for his or her maintenance, clothing, or education, the surrogate may make an order, directing the temporary administrator to make such provision therefor, as the surrogate deems proper, out of any personal property in his hands, not needed for the payment of debts.

§ 2678. Deposit of money by temporary administrator. A temporary administrator, appointed as prescribed in this article, must, within ten days after any money belonging to the estate comes into his hands, deposit it as. prescribed in this section. Where he was appointed by the surrogate's