rogate authorized to grant the same, may, in his discretion, issue special letters of administration, authorizing the preservation and collection of the goods of the deceased.

such collec

§ 24. Every collector so appointed shall have authority Authority of to collect the goods, chattels, personal estate and debts of tor. the deceased, and to secure the same at such reasonable expense as the surrogate shall allow, and for those purposes he may maintain suits as administrator. Under the direc- Duty, &c. tion of the surrogate he may sell such of the goods of the deceased as shall be deemed necessary for the preservation and benefit of the estate, after the same shall have been appraised. Sections forty, forty-one and forty-three, of title second, chapter six, of the second part of the Revised Statutes, shall apply to every such collector.

may apply in certain

lief.

§ 25. When any person interested in the cstate of the sureties, &c. deceased, shall discover that the sureties of administraany tor are becoming insolvent, that they have removed, or are cases for reabout to remove from this state, or that for any other cause they are insufficient, such person may make application to the surrogate who granted the letters of administration, for relief.

issued in

days.

§ 23. If the surrogate shall receive satisfactory evidence Citation to be that the matter requires investigation, he shall issue a cita- certain cases tion to such administrator, requiring him to appear before within six such surrogate, at a time and place to be therein specified, to show cause why he should not give further sureties, or be superseded in the administration; which citation shall be served personally on the administrator, at least six days before the return day thereof; or if he shall have absconded or cannot be found, it may be served by leaving a copy at his last place of residence.

tor to give

§ 27. On the return of the citation, or at such other time Administraas the surrogate shall appoint, he shall proceed to hear the further eproofs and allegations of the parties; and if it shall satisfac- curity, &c. torily appear that the sureties are, for any cause, insufficient, the surrogate may make an order requiring such administrator to give further sureties in the usual form, within a reasonable time, not exceeding five days.

revoke let

28. If such administrator neglect to give further sure- Surrogate ties to the satisfaction of the surrogate, within the time pre- ters, &c. scribed, the surrogate shall by order revoke the letters of administration issued to such administrator, whose authority and rights as an administrator shall thereupon cease. 20. either or

be released,

§29. When either or all of the sureties of any adminis- Sureties may trator shall desire to be released from responsibility on ac- c. count of the future acts or defaults of such administrator, they may make application to the surrogate who granted letters of administration, for relief.

30. The surrogate shall thereupon issue a citation to Administra such administrator requiring him to appear before such sur

tor to give

new sure.

ties, &c.

Former

sureties not

for subse

quent acts

rogate, at a time and place to be therein specified, and give new sureties in the usual form, for the faithful discharge of his duties; which citation shall be served in the manner prescribed by the twenty-sixth section of this act.

§ 31. If such administrator shall give new suretics to the to be liable satisfaction of the surrogate, the surrogate may thereupon make an order that the surety or sureties who applied for relief in the premises, shall not be liable on their bond for any subsequent act, default or misconduct of such adminis trator.

of adminis

trator.

§32. If such administrator neglect to give new sureties to the satisfaction of the surrogate, on the return of the citation, or within such reasonable time as the surrogate shall allow, not exceeding five days, the surrogate shall by order revoke the letters of administration issued to such adminis trator, whose authority and rights as an administrator shall thereupon cease.

§ 33. In all cases in which letters of administration shall have been granted to more than one person, and the surrogate granting the same shall have revoked the same, in pursuance of the previous provisions of this act, as to part only of such administrators, the person or persons whose letters have not been revoked, shall have the further administration of the respective estates subsequent to such revocation, any suit brought previous to such revocation, may be continued the same as if no such revocation had taken place. In all other cases of revocation as aforesaid, the surrogate shall grant administration of the goods, chattels and credits, not administered, in the manner prescribed by law.

§ 34. Whenever it shall appear to the surrogate that letters of administration or letters of guardianship have been granted on or by reason of false representations, made by the person to whom the same were granted; and also whenever it shall appear that an administrator or guardian has become incompetent by law to act as such, by reason of drunkenness, improvidence or want of understanding, the surrogate shall have power to revoke such letters. And in case a woman marries after being appointed an executrix, administratrix or guardian, the surrogate, on the application of any person interested, shall have power to revoke such ap pointment.

§35. Whenever it shall appear that the penalty of the bond taken from an executor, administrator or guardian is inadequate in amount, the surrogate shall have power to make an order requiring him to give additional security for the faithful performance of his duty as such executor, administrator or guardian; and in case of non-compliance with such order the surrogate may revoke the letters granted to hiin.

ministrator,

account.

§ 36. The surrogate shall have the same jurisdiction in When adrequiring any administrator whose letters have been re-remov voked as herein before provided, to render an account of his el to render proceedings, as is conferred by the third article of title. three, chapter six of the second part of the Revised Statutes. The new administrator shall, within a reasonable time, or in case of his neglect, the other person mentioned in such article, may make application for such account; and such application may be made at any time after the revocation of the letters as aforesaid.

§37. The proof of the debt or claim of any executor or Claim of administrator required by the thirty-third section of title & when to three, chapter six of the second part of the Revised Sta- be proved. tutes, may be made on the service and return of a citation for that purpose, directed to the proper persons, or on the final account of any such executor or administrator, pursuant to the third article of the said third title.

guardian to

§38. Where any minor mentioned in the third section of General title four, chapter six of the second part of the Revised Sta- appear for tutes, shall have a general guardian in the county of the minor, &c. surrogate, such general guardian shall appear and take care of the interest of the minor, and no special guardian shall be appointed in the premises.

five days.

§39. The notice required by the fourth section of the Notice of same title, may be a notice of five days; and where the minor is under fourteen years of age, the notice shall be served on the person in whose custody he may be, or with whom he may live, or on such relative as the surrogate shall designate, instead of the service required by the said fourth section.

or adminis. trators may

sale of real

§ 40. Executors or adminisrators may apply to the sur- Executors rogate, pursuant to the fourth title of chapter six of the second part of the Revised Statutes, for authority to mortgage, apply for lease or sell the real estate of their testator or intestate, and estate, &c. for the sale of the interest of such testator or intestate, in any land held under a contract for the purchase thereof, whenever they shall discover that the personal estate of the testator or intestate is insufficient to pay his debts; subject, however, to the provisions of the first section of said title, as the same has been amended.

before dis

sonal pro.

§ 41. The surrogate may, in his discretion, order such May apply mortgage, lease or sale to be made, although the whole of per the personal property of the deceased which has come to all the perthe hands of the executor or administrator, has not been ap- perty. plied to the payment of debts. But the surrogate, before making any such order, shall have satisfactory evidence that the executor or administrator has procce led with rea sonable diligence in converting the personal property of the deceased into money, and applying the same to the payment of debts.

assignment

of ditto may

ject, &c.

Contract and §42. The surrogate may order a sale pursuant to the sixty-sixth section of title four, chapter six of the second part be sold sub of the Revised Statutes, as well where the deceased was the assignee of a contract for the purchase of land, as where he was the original purchaser. Such sales may be made subject to all payments due or to become due on the contract; and the bond required by the sixty-seventh section of the same title, shall, in such case, be conditioned for the payment of all moneys due or to become due on the coutract. Such bond shall be required in all cases where the sale is made subject to payments due or to become due on

May be pnblic or private

the contract.

§ 43. Sales of real estates made by executors in pursu by exr un- ance of an authority given by any last will, unless other der will, &c. wise directed in such will, may, be public or private, and on such terms as, in the opinion of the executor, shall be most advantageous to those interested therein.

Notice.

If guardian

'has reinoved

§ 44. The notice required by the fifth section of title three, chapter eight, of the second part of the Revised Statutes, shall be required to be served on such relatives only of the minor as the surrogate shall direct.

§ 45. The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth sections of title three, chapter published. eight, of the second part of the Revised Statutes, shall extend to the case of a guardian who has removed or is about to remove from this state. And in case the guardian has removed from this state, the citation mentioned in the said fifteenth section, may be served by publishing the same in the state paper for four weeks.

Gnardians may be re

§ 46. Whenever it shall be made to appear, to any surromoved, &c. gate, that the sureties of any guardian are becoming insolvent, that they have removed or are about to remove from this state, or that for any other cause they are insufficient, and he shall be satisfied that the matter requires investigation, he shall issue a citation to such guardian, requiring him to appear before such surrogate at a tinic and place to be therein specified, to show cause why he should not give further sureties or be removed from his guardianship; which citation shall be served in the same manner as the citation mentioned in the last preceding section is required by that section to be served.

Order for

guardian to

§ 47. On the return of the citation, or at such other time give further as the surrogate shall appoint, he shall proceed to hear the aureties, &c. proof and allegations; and if it shall satisfactorily appear that the sureties are for any cause insufficient, the surrogate may make an order requiring such guardian to give further sureties in the usual form, within a reasonable tine, to be prescribed by the surrogate.

Guardion to

§ 48. If such guardian neglect to give further sureties to be removed the satisfaction of the surrogate, within the time prescribed,

the surrogate may, by an order to be duly entered in his minutes, remove such guardian from his trust.

ed.

49. Sections seventeen, eighteen and nineteen, of title Provisions of three, of chapter eight, of the second part of the Revised R. extendStatutes, shall extend to cases arising under the two preceding sections of this act.

account af

5. Where a guardian shall be removed pursuant to the Guardian to aforesaid section, he may be required to account immediate- ter removal. ly, pursuant to the eleventh section of said title; and application for such account may be made by any new guardian of the minor, as well as by the persons mentioned in the said eleventh section.

his trust.

§ 51. Any guardian may apply to the surrogate by whom May resign he was appointed, for liberty to resign his trust, setting forth the reasons why the application is made, and verifying the same by his own oath or otherwisc.

next of kin

52. Such surrogate, in his discretion, may thereupon Citation to issue a citation to the ward, requiring him to appear at a time he issued to and place to be therein mentioned, and show cause why the of ward. guardian should not be at liberty to resign his trust. The citation shall be served by delivering a copy to the ward at least ten days before the return day thereof. Notice of the proceeding shall also be given to the next of kin of the ward if there be any of the age of discretion, in the county of the surrogate.

appointed

§ 53. On the return of the citation and proof of the ser- special guar vice of the notice, the surrogate shall appoint some discreet din in ed and competent person to appear and attend to the interests of the ward in the premises, who shall consent in writing to such appointment. Any other other who shall be desirous to do so, may also appear on behalf of the ward.

account.

§ 54. The guardian shall then proceed to render to the Guardian to surrogate a full, just and true account, in writing, of all his render receipts and payments on account of the ward, and of all the books, papers, moneys, choses in action and other property of the ward, which may be in the hands or under the control of the guardian; and shall verify the same by his own oath, and such other evidence as shall be satisfactory to the surrogate.

dian to be appointed.

§ 55. If the surrogate shall be satisfied that the guardian New guar has in all respects conducted himself honestly in the execution of his trust, that he has rendered a full, just and true account, and that the interest of the ward would not be prejudiced by allowing the guardian to resign his trust, he may thereupon proceed in the mode prescribed by law, to appoint a new guardian for such ward, and order that his former guardian deliver over all the books, papers, moneys, choses in action or other property of the ward, to such new guardian, and take duplicate receipts for the same.