cept only the beneficiaries named in the will need be cited in such proceedings.

2. The proceeding for the probate of a last will and testament, and a codicil, if any, is instituted by filing in the proper Surrogate's court a petition in writing duly verified by the person making and signing the same.

The petition shall contain the title of the proceeding, recite the name, time and place of death of the testator; the date of the will and that of any codicil or codicils thereto, and whether the will and codicils relate to real or personal property or both; the names and post office addresses, so far as they can be ascertained with due diligence, of all the devisees, legatees and beneficiaries named in said will, and in any codicil; the name and residence of the petitioner; if the name or post office address of any such person is unknown, the facts which show what effort has been made to ascertain the same; and should also recite, and the court may require it to recite, whether any person named therein is an infant, his or her age and whether he or she has any general or testamentary guardian, whether the father and mother or either be living, and if so, their names and post office address, and the person with whom the infant resides and his or her post office address. Also if any person named in the petition is an alleged, or has been adjudged an incompetent person, the name and post office address of the committee, if any, and the name and address of the person or institution having the care or custody of such incompetent person, and the name and address of a relative or friend, having an interest in his or her welfare.

Such petition shall also contain a prayer or request for such relief or such action on the part of the court as the petitioner deems himself or herself entitled.

3. Who may commence proceeding.-A petition for the probate of a will may be made and presented by a person designated in the will as executor, de

visee, legatee, testamentary trustee or guardian, and may also be presented by a creditor of the testator, or by any other person interested in the estate. The petitioner may appear and present his or her petition in person or by an attorney entitled to practice in the courts of record of the State. The petition must be prepared, signed and verified before presenting same to the Surrogate.

4. Citation.-Upon presentation and filing the petition a citation will be issued out of the court, signed by the surrogate or by the clerk of the court, under seal, directed, if the will relates exclusively to real property, to the husband or wife, if any, and all the heirs of the testator. If the will relates exclusively to personal property, to the husband or wife, if any, and all the next of kin of the testator, and if it relates to both real and personal property, to the husband or wife, if any, and all the next of kin and all the heirs at law of the testator.

In every case, each person named in the will as executor, testamentary trustee or guardian, or so named in any other will of the testator already filed in the surrogate's office, must be also cited to attend such application for probate.

5. Citation, service of. The citation is served upon an adult person or a person of the age of fourteen years and upwards, within the State, by delivering a copy thereof to each person to be served; and upon an infant under the age of fourteen years by delivering a copy to such infant in person and by also delivering a copy to the father, mother or guardian, if any within the State, and if not within the State, or the infant does not reside with a parent, to the person having the care and control, and with whom such infant resides, or in whose service he or she may be.

If a person to be cited has been judicially declared to be incompetent to manage his or her affairs by reason of lunacy, idiocy, or habitual drunkenness, to the committee or person having such person in charge or under control.

The citation must be served upon persons residing in the county where returnable or a county adjoining same, at least eight days before the return day; and upon persons residing in any other county of the State at least ten days before the return day. In computing the time the day of the service cannot be counted but the return day can be.

Service without the State may be made personally upon all persons required to be cited in the manner above, except that it must be made at least twenty days before the return day thereof, and in any other country at least thirty days before the return day. Service upon persons without the State and upon unknown persons whose address is unknown is made pursuant to an order granted by the surrogate, and may be made by publishing the citation in some newspaper designated in the order for a period of four weeks successively, and by mailing as provided by the order.

Any person over eighteen years of age may serve a citation, although he or she also be a party to the proceeding.

6. On return of citation.-Upon the return day of the citation any person cited or any person interested in the estate or in the will, may appear in court, either in person or by an attorney, or in person and by attorney, and if dissatisfied with the will and deem sufficient grounds exist to contest the validity thereof, may file objections to the petition and to the probate of the will. Objections, if any, must be filed at or before the close of the testimony taken before the surrogate on behalf of the proponent, or at such subsequent time as the surrogate may direct.

A trial of the questions raised by the objections may be tried before the surrogate or a trial may be had before a jury. If a trial by jury is desired, a demand therefor must be made in the objections filed, or by the proponent at the time the objections are filed. Any person interested in the proceeding

may examine the subscribing witnesses to the will, and any other witnesses produced before the surrogate by the proponent, before being required to file objections to the will.

Before a will can be admitted to probate, two, at least, of the subscribing witnesses must be produced and examined, if so many are living and are within the State. If one of such witnesses be dead, absent from the State or cannot be found, or is incompetent by reason of lunacy or otherwise to be examined, his or her testimony may be dispensed with, and proof of the handwriting and genuineness of the signature given. If all the subscribing witnesses be dead, absent from the State, incompetent by reason of lunacy or otherwise to be examined, or cannot with reasonable diligence be located, their testimony may be dispensed with, and in place thereof proof of their handwriting and also proof of the handwriting of the testator, and such other proof given as would be sufficient to prove the will upon the trial of an action may be given.

Before a will can be admitted to probate the surrogate must be satisfied of the genuineness of the will and of the validity of its execution, and that the testator at the time of making and executing it was in all respects competent to make a will and not under any restraint.

After the will is admitted to probate it is recorded in the surrogate's office in proper books of record for that purpose, and then placed in the files of the office to remain there. If the will relates to and passes real property a certified copy thereof must be recorded in the office of the county clerk of each county in which real estate affected by the will is situated.

7. Executors and Trustees.-After a will has been admitted to probate any person entitled to letters testamentary thereon who is competent by law to act, and who appears and qualifies, is entitled to letters testamentary thereupon. A person named as an executor in a will may renounce the appoint

ment by an instrument in writing, signed by him or her, and acknowledged and proved to the satisfaction of the surrogate, and filed in the surrogate's office.

A testamentary trustee named in a will or appointed by the surrogate, before exercising the duties of his or her office, must qualify by taking an oath of office, filing a bond, and a consent to act duly executed and acknowledged.

The law now requires that whenever any last will and testament appoints an executor and requires him or her to hold, manage, or invest any money, securities or real or personal property, for the benefit of another, such executor, before receiving any such property into possession or control shall, unless the will expressly provides to the contrary, execute to the people of the State of New York, a bond with sufficient sureties or surety in an amount to be fixed by the surrogate. This provision does not apply to any trustees or executors named in wills executed prior to September 1st, 1914.

8. Payment of Legacies. An executor may begin the publication of notice to creditors immediately after receiving letters, and where notice is published, may after the expiration of the six months limitation to creditors to present claims, pay the legacies, unless the will expressly makes the payment thereof due at some other period. If no such notice is published, legacies should not be paid till the end of one year from the probate, unless a different date is expressly fixed in the will when they are payable.

At the expiration of one year from probate of a will, unless a different time is fixed for the payment of the legacies, any legatee entitled to his or her legacy may petition the surrogate for a decree directing the payment by the trustee of the legacy, and upon the filing of such a petition the surrogate will issue a citation to such executor directing him or her, to show cause at a time and place stated therein, why such legacy should not be paid. Upon