Report of the Commission Appointed to Revise the Practice and Procedure in Surrogates' Courts (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914. Excerpt: ... 2414 2495. Surrogate, when not to be counsel. A surrogate shall not be counsel, solicitor or attorney in a civil action or special proceeding for or against any executor, administrator, temporary administrator, testamentary trustee, guardian or infant, over whom, or whose estate or accounts, he could have any jurisdiction by law. The surrogate of the county of Monroe shall not act as referee, or practice as attorney or counselor in any court of record in the state. Note.--Monroe county has a population of more than 120,000, and therefore under 20, art. VI, State Constitution, the last sentence is no longer necessary. 2475 2511. Surrogate liable for clerk's acts. A surrogate hereafter elected or appointed, and the sureties in on his official boud, are liable for any act of the clerk or deputy clerk of the surrogate's court in the discharge of his official duties, during the surrogate's term of office, as if the act was performed by the surrogate. The surrogate may take security from the clerk or deputy clerk, or either of them, to indemnify him against the liability created by this section. Note.--No change in this section. 2476 2496. Surrogate, when disqualified. In addition to his general disqualifications as a judicial officer, a surrogate is disqualified from acting upon an application for probate of a will, 'or for letters testamentary, or letters of administration, in each of the following cases: 1. Where he is, or claims to be, an heir or one of the next of kin to the decedent, or a devisee or legatee of any part of the estate. 2. WJwhere he is a subscribing witness, or is necessarily examined or to be examined as a witness, to any written or noncupative will. 3. Where he is named as executor, trustee, or guardian, in any...