person shall be entitled on application, to supplementary letters testamentary, to be issued in the same manner as the original letters, and shall thereupon be authorised to join in the execution of such will, with the persons previously appointed.

If objections be made by any creditor of the testator, or any legatee, relative, or other person interested in his estate, against granting letters testamentary, to one or more of the persons named in the will as executors, the surrogate shall inquire into such objections; and if it appear that the circumstances of any person named as such executor, are such, that in the opinion of the surrogate they would not afford adequate security to the creditors, legatees and relatives of the deceased, for the due administration of the estate, he may refuse letters testamentary to any such person, until he shall give the like bond as is required by law, of administrators in cases of intestacy.

If any person applying for letters testamentary, shall be a non-resident of the state, such letters shall not be granted until the applicant shall give the like bond.

Any person named as executor in a will, may renounce such appointment, by an instrument in writing under his hand, attested by two witnesses, and on the same being proved to the satisfaction of the surrogate, who took proof of the will, it shall be filed and recorded by him.

If any person named as executor, shall not appear to qualify, and take upon himself the execution of a will, at the time the same is proved, and shall not have renounced, the surrogate shall, on application of any other executor, or of the widow, or any of the next of kin, or any legatee, or creditor of the testator, issue a summons directed to such executor, requiring him to appear and qualify, within a certain time therein to be limited, or that, in default thereof, he will be deemed to have renounced the said appointment.

If the person to whom such summons is directed, reside within this state, it shall be served personally on him, at least fourteen days before the time limited therein for him to apAnd if he reside, or be, out of the state, or his resi

pear.

dence be unknown, such summons may be served by publishing it in the state paper, for at least six weeks before the time therein specified, for such person to appear.

In case sickness, or other accident, or any reasonable cause, exist, to prevent the attendance of such person, upon the same being proved to the surrogate, he may, in his discretion, allow a further time for such person to appear and qualify.

If any person, so notified, shall not appear, according to the tenor of such summons, or within the time allowed by the order of the surrogate, and qualify as an executor, by taking an oath and giving a bond, if one shall have been required, he shall be deemed to have renounced the appointment of executor, and the surrogate shall thereupon enter an order, reciting the said summons, the proof of the service thereof, and such subsequent order, allowing time, if any was made, and the neglect of such person to appear and qualify, and declaring and decreing, that such person has renounced his appointment as such executor.

Before any letters testamentary shall issue to any executor, he shall take and subscribe an oath or affirmation before the surrogate, or in case of sickness, or other inability to attend the surrogate, before any officer authorised to administer oaths, that he will faithfully and honestly discharge the duties of an executor; which oath shall be filed in the office of the surrogate.

If all the persons named in a will as executors, shall renounce, or after summons issued and served as aforesaid, shall neglect to qualify, or shall be legally incompetent, then letters testamentary shall issue, and administration with the will annexed be granted, as if no executors were named in such will, to the residuary legatees, or some or one of them, if there be any; if there be none that will accept, then to any principal or specific legatee, if there be any; if there be none that will accept, then to the widow and next of kin of the testator, or to any creditor of the testator, in the same manner, and under the like regulations and restrictions, as letters of administration, in cases of intestacy.

Every person named in a will as executor, and not named as such in the letters testamentary, or in letters of administration with the will annexed, shall be deemed to be superseded thereby, and shall have no power or authority whatever, as such executor, until he shall appear and qualify.

No executor named in a will, shall, before letters testamentary are granted, have any power to dispose of any part of the estate of the testator, except to pay funeral charges, nor to interfere with such estate in any manner, further than is necessary for its preservation.

No executor of an executor, shall, as such, be authorised to administer on the estate of the first testator; but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed, of the assets of the first testator left unadministered, shall be issued in the manner and with the authority herein after mentioned.

If after letters testamentary shall have been granted to any person, named as executor, in any will, complaint shall be made to the surrogate of the county in which such letters. were granted, by any person interested in the estate of the deceased, that the person so appointed executor has become incompetent by law to serve as such, or that his circumstances. are so precarious as not to afford adequate security for his due administration of the estate, or that he has removed, or is about to remove, from this state, the surrogate shall proceed to enquire into such complaint.

Such surrogate shall thereupon issue a citation to the person complained of, requiring him to appear before such surrogate, at a day and place therein to be specified, to show cause why he should not be superseded; which citation shall be personally served on the person to whom it may be directed, at least six days before the return thereof, if he be in the county; and if he shall have absconded from such county, it may be served by leaving it at his place of residence.

Upon due proof of the service of such citation, the surrogate shall proceed at the day appointed, or on such other day as he shall appoint, to hear the proofs and allegations of the

parties; and if it appear that the circumstances of the person so appointed, are precarious as aforesaid, or that such person has removed, or is about to remove, from this state, he shall require such person to give bond with sureties, like those required by law of administrators, within a reasonable time, not exceeding five days.

If such person neglect to give such bond, or if it appear that he is legally incompetent to serve as executor, the surrogate shall by order supersede the letters testamentary so issued to such person, whose authority and rights as an executor shall thereupon cease; and if there be no acting executor of such will, the surrogate shall grant letters of administration with the will annexed, of the assets of the deceased left unadministered.

In all cases where letters of administration with the will annexed, shall be granted, the will of the deceased shall be observed and performed; and the administrators with such will, shall have the rights and powers, and be subject to the same duties, as if they had been named executors in such will.

3rd. The duties of the Surrogate in granting letters of administration:

The surrogate of each county shall have sole and exclusive power, within the county for which he may be appointed, to grant letters of administration of the goods, chattels, and credits of persons dying intestate, in the following cases :

1. Where an intestate, at or immediately previous to his death, was an inhabitant of the county of such surrogate, in whatever place such death may have happened.

2. Where an intestate, not being an inhabitant of this state, shall die in the county of such surrogate, leaving assets therein.

3. Where an intestate, not being an inhabitant of this state, shall die out of the state, leaving assets in the county of such surrogate, and in no other county.

4. Where an intestate, not being an inhabitant of this state, shall die out of the state, not leaving assets therein, but

assets of such intestate shall thereafter come into the county of such surrogate.

Whenever an intestate, not being an inhabitant of this state, shall die out of the state, leaving assets in several counties, or assets of such intestate shall after his death come into several counties, the surrogate of any county in which such assets shall be, shall have power to grant letters of administration on the estate of such intestate; but the surrogate, who shall first grant letters of administration on such estate, shall be deemed thereby, to have acquired sole and exclusive jurisdiction over such estate, and shall be vested with all the powers incidental thereto.

The persons appointed administrators, by the surrogate who shall have first granted letters of administration, in the cases above specified, shall have sole and exclusive authority as such, and shall be entitled to demand and recover from every person subsequently appointed administrator of the same estate, the assets of the deceased in his hands. But all acts in good faith, of such subsequent administrator, done before notice of such previous letters, shall be valid; and all the suits commenced by him, may be continued by, and in the name of, the first administrators.

Before any letters of administration shall be granted on the estate of any person who shall have died intestate, the fact of such person's dying intestate shall be proved to the satisfaction of the surrogate; who shall examine the persons applying for such letters, on oath, touching the time, place, and manner of the death, and whether or not the party dying left any will; and he may also in like manner examine any other person, and may compel such person to attend as a witness for that purpose.

Administration, in case of intestacy, shall be granted to the relatives of the deceased, who would be entitled to succeed to his personal estate, if they or any of them will accept the same, in the following order: First, to the widow; second, to the children; third, to the father; fourth, to the brothers; fifth, to the sisters; sixth, to the grandchildren; seventh,