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guardian is afterwards duly appointed by a surrogate's court, the presumption is conclusive.
Substituted for L. 1877, ch. 206, 88 4, 5, 6, and 7; see, also, 2 R. S. 150, 1-3. Thoinpson v. Thompson, 55 How 49!; Matter of Pierce, 12 id. 532; Ruppert's Estate, I Tuck, 480 ; People v. Boice, 39 Barb. 307; People ex rel. Wamsley, 15 Abb323: Fullerton v. Jackson, 5 Johns. Ch. 278; Hoytv. Hiiton, 2 Edw. 202; Sackett's Estate, I Tuck. 84; Bostwick v. Atkins, 3 N. Y. 33; Haggerty v. Haggerty. 9 lun, 175 : Ex parte Rey. nolds, 11 id. 41; Gelston v. Shields, 16 id. 143; affirmed, Sept. 30, 1879, ct. app.; Corrigan v. Kiernan, 1 Brail. 208; Matter of Taylor, 3 Redf. 259.
§ 2852. Testamentary guardian ; qualification, letters, etc. - Where a will, containing the appointment of a guardian, is admitted to probate, the person ap. pointed guardian must, within thirty days thereafter, qualify as prescribed in section 2594 of this act; other. wise he is deemed to have renounced the appointmento But the surrogate may extend the time so to qualify, upon good cause shown, for not more than three months. And any person interested in the estate may, before leto ters of guardianship are issued, file an affidavit, setting forth, with respect to the guardian so appointed, any fact which is made by law an objection to the issuing of letters testamentary to an executor. Sections 2636 to 2638 of this act, both inclusive, apply to such an affi. davit, and to the proceedings thereupon. A person appointed guardian" by will may, at any time before he qualifies, renounce the appointment by a written instrument, under his hand, filed in the surrogate's office. See L. 1877, ch. 206, 84, 5, 6, and 7.
$ 2853. When security required from guardian apa pointed by will or deed.-Where a guardian of an in. fant's person or property has been appointed by will or by deed, the infant, or any relative or other person in his be. half, may present, to the surrogate's court in which the will was admitted to probate; or to the surrogate's court of the county in which the deed was recorded ; a written petition. duly verified, setting forth, either upon his knowiedge, or upon his information and belief, any fact, respecting the guardian, the existence of which, if it was interposed as an objection to granting letters testa. mentary to a person named as executor in a will, would make it necessary for such a person to give a bond, in urder to entitle himself to letters ; and praying for å decree, requiring the guardian to give security for the
performance of his trust; and that he may be cited to show cause why such a decree should not be made. Upon the presentation of such a petition, and proof of the facts therein alleged, to the satisfaction of the sur rogate, he must issue a citation accordingly. Upon the return of the citation, a decree requiring the guardian to give security may be made, in the discretion of the surrogate, in a case where a person so named as executor, can entitle himself to letters testamentary only by giv. ing a bond ; but not otherwise.
§ 2854. What security to be given. The security to be given, as prescribed in the last two sections, must be a bond to the same effect, and in the same form, as the bond of a general guardian, appointed by the sur. rogate's court. Each provision of this chapter, applicaa ble to the bond of such a guardian, and to the rights, duties and liabilities of the parties thereto, or any of them, including the release of the sureties, and the giv. ing of a new bond ; applies to the bord so given, and the parties thereto. New.
§ 2855. Inventory and intermediate account may be required. Upon the petition of the ward, or of any relative or other person in his behalf, the surrogate's court having jurisdiction to require security, as prescribed in the last three sections, may, at any time, in the discretion of the surrogate, make an order, requir. ing a guardian, appointed by will or by deed, to render and file an inventory and account, in the same form, and verified in the same manner as the inventory and account, required to be filed annually by a guardian appointed by a surrogate's court, as prescribed in article second of this title. The order may also require such an inventory and account to be filed, in the month of January of each year thereafter. Sections 2842 to 2845 of this act, both inclusive, apply to such an inventory and account, and to the filing thereof, as if the guardian had been appointed by the surrogate's court, Wew.
$ 2856. When surrogate may compel judicial settisment of account. The surrogate's court, having
jurisdiction to require security, may compel a judicial settle ment of the account of a guardian, appointed by will or by deed, in any case where it may compel a judicial settlement of the account of a general guardian; and the proceedings to procure such a settlement are the same, as if the guardian so appointed by will or by deed had been a general guardian. A guardian appointed by will or by deed may present to the sur rogate's court a written petition, duly verified, praying for a judicial settlement of his account, and a discharge from big duties and liabilities, in any case where a petition for a judicial settlement of his account may be presented by any other per son as prescribed in this article. The petition must pray that the person who might have so presented a petition may be cited to attend the settlement. Upon the presentation of such petition the surrogate must issue a citation accordingly. Seo tions 2753 to 2737, both inclusive, and sections 2741 and 2744 of this act apply to a guardian accounting as prescribed in this article, and regulate the proceedings upon such an accounting. A guardian designated in this title is entitled to the same come pensation as a general guardian. [In effect Sept. 1, 1891.
§ 2857. Effect of decree.— A decree, made upon a judicial settlement of the account of a guardian appointed by will or by deed, as prescribed in this article, or the judgment rendered upon appeal from such decree, has the same force, as a judgment of the supreme court to the same effect. New; see 8 2813, ante.
$ 2858. Removal of guardian appointed by will or deed.— Upon the petition of the ward, or of any relative or other person in his behalf, the surrogate's court having jurisdiction to require security from a guardian appointed by will or by deed, may remove such a guardian, in any case where a testamentary trustee may be removed, as prescribed io title sixth of this chapter ; and the proceedings upon such a petition are the same, as prescribed in that title for the removal of a testamentary trustee. Where a citation is issued, upon a petition for the removal of such a guardian, he may be sus. pended from the exercise of his powers and authority, as it he had been appointed by the surrogate's court.;
L. 1874, ch. 469 (9 Edm. 960); see 82 2815 and 2834, ante. Damarell 0. Walker, 2 Redf. 198.
$ 2859. Resignation of such a guardian.--A guardian appointed by will or by deed, may be allowed to resign his trust, by the surrogate's court, having jurisdiction to require security from him. The proceedings for that purpose, and the effect of a decree made thereupon, a rə the same, as where a guardian appointed by the surrorogate's court presents a petition, praying that his letters may be revoked, as prescribed in article first of this title. New; see 88 2835, 2836, and 2837, ante.
S 2860. Appointment of successor.- Where a sole guardian, appointed by will or by deed, has been, by the decree of the surrogate's court, removed or allowed to resign, a successor may be appointed by the same court, with the effect prescribed in section 2605 of this act; unless such an appointment would contravene the express terms of the will or dood.
See 218, ante New in forn.
COURTS OF JUSTICES OF THE PEACE, AND
TITLE 1.-JURISDICTION AND GENERAL POWERS. TITLE II.-- COMMENCEMENT OF ACTION; APPEAR
ANCE OF PARTIES; PROVISIONAL
CLAIMS, AND PROCEEDINGS UPON
TITLE IV.PROCEEDINGS BETWEEN THE JOINDER
OF ISSUE AND THE TRIAL.
TITLE V.-TRIAL AND ITS INCIDENTS.
LATING TO AN ANIMAL STRAYING
UPON THE HIGHWAY. TITLE XI.- PROVISIONS SPECIALLY RELATING TO
COURTS OF JUSTICES OF THE PEACE
IN THE CITY OF BROOKLYN. TITLE XII.- MISCELLANEOUS PROVISIONS.
Jurisdiction and general powers.
SEC. 2861. Justice's ļurisdiction must be specially conferred by law.
2862. General civil Jurisdiction.