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appointed by the surrogate to administer upon decedent's estate, and after paying all funeral expenses and expenses of administration and any indebtedness, the remainder, if any there be, shall upon the order of the surrogate, be paid into the hands of the trustee who held the same, to be distributed as the law directs. This act is to include the said proceeds of any infant or incompetent person that has died prior to this amendment, the proceeds now remaining in the hands of a trustee. (In effect May 12, 1892.]
$ 2360. Infant deemed a ward of court. From the time of the filing of a petition, by or in behalf of an infant, praying for an order directing a conveyance, or a sale, mortgage, or lease of his real property, or of an interest in real property, the infant is considered a ward of the court, with respect to that real property or interest, and the income and proceeds thereof.
§ 2361. (Amended, 1893.] Disposition of proceeds: accounting:-The court must, by order, direct the disposition of the proceeds of
such a sale, mortgage or lease It must direct the investment of any portion thereof belonging to tho infant or incompetent person, which is not needed for the payment of debts, or the safe keeping, or the immediate maiute. nance and education, of himself or his family, or for the preserva. tion or improvement of his real property or his interest in real property. It must require a report, under oath, of the disposition and investment thereof, to be made as soon as practicable, and must compel periodical accounts to be rendered thereafter, by each person, who is intrusted with the proceeds, or any part thereof. Where an inchoate right of dower 18 released as prescribed in this title, the court shall make an order requring onethird of the amount realized on the sale of the property to which the inchoate rigut of dower attached to be invested by the special guardian, or paid into the court to be held for the benefit of the husband during his life and upon his death for the benefit of the wife during her life, or the court may direct said amount to be paid to the husband iipon his giving a bond in the penalty of at least double the amount so received for such release, with at least two sureties, who shall justify in double the amount of such pen. alty, conditioned for the repayment as the court shall direct by his executors or administrators of such amount upon the death of the husband. In effect May 6, 1893; Laws 1893, ch. 639.
$ 2362. Particular estates ; when included in sale, Where the real property, or the estate, term or other interest in real property, directed to be sold, is subject, absolutely or contingently, to a right of dower, or an estate for life, or is subject to an estate for years, in the whole or any part thereof, the person, having the prior right or estate, may manifest in writing his consent, eiher to receive, from the proceeds of the sale, a gross sum, to be fixed according to the principles of law applicable to annuities, in satisfaction of his right or estate; or to have a proportionate share of the proceeds of the sale in vested, and the interest thereof paid to him, from the time of the investment, or of the commencement of his rightorestate, as justice requires, until the determination of his right or eso tate. Upon filing the consent with the clerk, the final order may,
in the discretion of the court, direct a sale of the entire property, to which the right or estate attaches. In such à case, the court must, after the sale, ascertain the value of the right or interest of the person so consenting; and the final order must either direct the pay. ment, from the proceeds of the sale, of the gross sum so ascertained as the value, or the investment of a just proportion of the proceeds, and the payment to him of the interest thereof. But such a gross sum shall not be paid, nor shall such an investment be made, until an effectual release of the right or estate of the person so consenting, executed to the satisfaction of the court, and duly acknowledged or proved, and certified, in like manner as a deed to be recorded in the county, has been filed with the clerk.
2 R. S. 196, 8? 181, 182 (2 Edm. 204); L. 1864, ch. 417 (6 Edm. 292, 293) ; L. 1874, ch. 446, 22 13, 15, 16 (9 Edm. 932),
§ 2363. Id.; when belonging to infant, etc.— Where the interest of the infant, or of the lunatic or other in. competent person, consists of a right of dower, or an estate for life, or for years, the final order may author. ize the special guardian or committee to join, with the person or persons holding the reversionary estate, in a conveyance of the property to which the interest attaches, so as to release the right of dower, or fully con. vey the particular estate, on receiving, from the proceeds of the sale, a gross sum, in satisfaction of that interest, or a proportionate part of the proceeds, to be invested until the determination of the particular estate; and, in either case, to be ascertained as prescribed in the last section. Where a proportion of the proceeds is so received by the guardian or committee, for investment, the final order must provide for the investment thereof, until the determination of the par. ticular estate ; and then for the payment thereof to the person entitled thereto.
$ 2364. Debts of infant, etc., to be paid equally. In the application of money, arising from a sale, morto gage, or lease, made for the purpose of paying debts, as prescribed in this title, tlie special guardian of the infant, or the committee of the property of the incom. petent person, must pay all debts, in equal proportion,
without giving a preference to a debt founded upou a specialty, or upon which judgment has been taken.
2 R. S. 64, & 15 (2 Edm. 55); L. 1874, ch. 446,8 21 (9 Edm. 933).
Gro. 2365. When submission to arbitration cannot be made.
2366. What controversies may be submitted, and how.
$ 2365. When submission to arbitration cannot be made.- A submission of a controversy to arbitration cannot be made, either as prescribed in this title or otherwise, in either of the following cases;
1. Where one of the parties to the controversy is an infant, or a person incompetent to manage his affairs, by reason of lunacy, idiocy, or habitual drunkenness.
2. Where the controversy arises respecting a claim to an estate in real property, in fee or for life.
But where a person, capable of entering into a sub mission, has knowingly entered into the same with & person incapable of so doing, as prescribed in subdi. vision first of this section, the objection, on the ground of incapacity, can be taken only in behalf of the per. son so incapacitated. And the second subdivision of this section does not prevent the submission of a claim
to an estate for years, or other interest for a term of years, or for one year or less, in real property; or of a controversy respecting the partition of real property between joint tenants or tenants in common; or of a controversy respecting the boundaries of lands, or the admeasurement of dower.
2 R. S. 541, 88 1 and 2 (2 Edm. 560). Brady v. Mayor, etc., of Brooklyn, 1 Barb. 584; Weed v. Ellis, 3 Caines, 251; Isaacs u. Beth Hamedash Society, 1 Hilt. 469; Palmer v. Davis, 28 N. Y. 242; Harrington v. Higham, 13 Barb. 660; McBride v. Hagan, 1 Wend. 326 ; Smith v. Van Nostrand, 5 Hall, 419 ; 'Lowenstein v. McIntosh, 37 Barb. 251 ; Smith v. Sweeney, 35 N. Y. 291; Diedrick v. Richley, 2 Ilill, 27 ; Keep v. Keep, 17 Hun, 152; Olcott v. Wood, 14 N. Y. 32; 8. c., 15 Barb. 614; see Wiles v. Peck, 26 N. Y. 42; Butler v. New York, 7 Hill, 329; Wood v. Tunni. cliff, 74' N. Y. 38; Bulson v. Lohnes, 29 id. 291; Pollock v. Webster, 16 Hun, 104; Wood v. Tunniclitf, 74 N. Y. 38 ; Locke v. Filley, 14 Lun, 139.
$ 2366. What controversies may be submitted, and how.- Except as otherwise prescribed in the last seco tion, two or more persons may, by an instrument in writing, duly acknowledged or proved, and certified, in like manner as a deed to be recorded, submit to the ar. bitration of one or more arbitrators, any controversy, existing between them at the time of the submission, which might be the subject of an action. They may, in the submission, agree that a judgment of a court of record, specified in the instrument, shall be rendered upon the award, made pursuant to the submission. I the supreme court is thus specified, the submission may also specify the county in which the judgment shall be entered. If it does not, the judgment may be entered in any county.
Id., part of 1 and 29. Pratt v. Hackett, 6 Johns. 14; Ex parte Vaso ques, 5 Cow. 29; see Diedrick v. Richley, 2 Hill, 271; Wells v. Lane, 15 Wend. 99; Valentine v. Valentine, 2 Barb. Ch. 430 ; Bloomer v. Sherman, 2 Edw, Ch. 452 ; 8. C., 5 Paige, 575; see Brady v. Brooklyn, 1 Barb. 584; Howard v. Sexton, 1 Den. 440; S. C., 4 N. Y. 157 ; Jones v. Cuyler, 16 Barb. 576; Amsterdam v. Vanderveer, 4 Den. 249 ; Cape v. Gilbert, id. 347, People v. Townsend, 5 How. 315; French v. New, 28 N. Y. 147 ; Howard v. Sexton, 4 id. 157.
$ 2367. Appointment of additional arbitrator, or umpire.- Where a submission is made as prescribed in this title, an additional arbitrator or an umpire cannot be selected or appointed, unless the submission ex. pressly so provides. Where a submission, made either as prescribed in this title or otherwise, provides that two or more arbitrators, therein designated, may seloct or appoint a person as an additional arbitrator or as an umpire, the selection or appointment must be in write
ing. An additional arbitrator or umpire must sit with the original arbitrators upon the hearing. If testimony has heen taken before his selection or appointment, the matter must be reheard, unless a rehearing is waived in the submission, or by the subsequent written consent of the parties, or their attorneys.
New Brown v. Lyddy, 11 Hun, 451 ; Elmendorf v. Harris, 23 Wend. 628, N. Y. v. Butler, 1 Barb. 325 ; S.C., 4 How. Pr. 446; McKinstry v. Solomons, 2 Johns. 57 ; 8. C., 13 id. 27; Van Cortlandt v. Underhill, 17 id. 905 ; 3. c., 2 Johns. Ch. 339 ; Day v. Hammond, 57 N. Y.479; Lyon o. Blossom, 4 Duer, 318.
$ 2368. Time for hearing: adjournment, etc.--Sub. ject to the terms of the submission, if any are specified therein, the arbitrators, selected as prescribed in this title, must appoint a time and place for the hearing of the matters submitted to them; and must cause notice thereof to be given to each of the parties. They, or a majority of them, may adjourn the hearing from time to time, upon the application of either party, for good cause shown, or upon their own motion ; but not beyond the day fixed in the submission for rendering their award, unless the time so fixed is extended by the written consent of the parties to the submission, or their attorneys.
Id., 3. Bloomer_v. Sherman, 2 Edw. Ch. 452; s. C., 5 Paige, 575 Owen. Boerum, 23 Barb. 187; Campbell v. Western, 3 Paige, 124, Wood . Tunnicliff, 74 N. Y. 38; Nichols v. Rensselaer County Mutual Insurance Co., 22 Wend. 125; Pierce v. Morgan, 6 Hun, 235 ; Locke v. Filley, 14 id. 139; Morewood v. Jewett, 2 Rob. 296; Jordon v. Hyatt, 3 Barb. 215; 8 Bosw. 313; Elmendorf v. Harris, 23 Wend. 628; Knowlton o. Mickles, 29 Barb. 465; Ex parte Rutter, 1 N. Y. Leg. Obs. 178; S.C., 3 Hill, 464 ; People v. Townsend, 5 How. Pr: 315; Matter of Shaffer, 3 Abb. Dr. N. S. 231; Wood v. Tunnicliff, 74 N. Y. 308.
$ 2369. Arbitrators to be sworn. Before hearing any testimony, arbitrators selected either as prescribed in this title or otherwise must be sworn, by an officer designated in section 842 of this act, faithfully and fairly to hear and examine the matters in controversy, and to make a just award, according to the best of their un. derstanding ; unless the oath is waived, by the written consent of the parties to the submission, or their attorneys.
Id., 84, and part of 5. Howard v. Sexton, 1 Den, 440; s. C., 4 N. Y. $57 ; Day v. Hammonil, 57 id. 479; Browning v. Wheeler, 24 Wend. 258
$ 2370. Attendance of witnesses, etc. The arbitrar ters, selected either as prescribed in this title, or other