2nd. The duties of the Surrogate in granting letters testamentary:

When any will of personal estate shall have been duly admitted to probate, the surrogate who took such proof, shall issue letters testamentary thereon, to the persons named there→ in as executors, who are competent by law, to serve as such, and who shall appear and qualify.

No letters testamentary shall be granted, until the expiration of thirty days after the will shall have been proved, during which time any relative or creditor of the deceased, or any other person interested in his estate, may file objections with the surrogate, to the granting of letters testamentary, to any one or more of the persons, named in such will as ex

ecutors.

No person shall be deemed competent to serve as an executor, who, at the time the will is proved, shall be,

1. Incapable in law of making a contract, (except married women):

2. Under the age of twenty-one years:

3. An alien who has not taken the preliminary measures to entitle him to naturalization:

4. Who shall have been convicted of an infamous crime: 5. Who upon proof shall be adjudged incompetent by the surrogate to execute the duties of such trust, by reason of drunkenness, improvidence, or want of understanding. If such any be named as the sole executor in any person will, or if all the persons named therein as executors, be incompetent, letters of administration, with the will annexed, shall be issued, as hereinafter is stated, in the case of all the executors renouncing.

No married woman shall be entitled to letters testamentary, unless her husband consent thereto in writing, to be filed with the surrogate; and by giving such consent he shall be deemed responsible for her acts jointly with her.

If the disability of a person under age, or being an alien, or a married woman, named as executor in any will, shall be removed, before the execution of such will is completed, such

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 appear. And if he reside, or be, out of the state, or his resi

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

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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