double the security has been given, and restraining the guardian from receiving any other personal property of the infant until the further order of the surrogate on additional further satisfactory security. Code Civ. Pro., § 2830, as am'd L. 1881, c. 535, and L. 1892, c. 559.

2 McCarty, 64; 1 Edw. 57, 507; 4 How. 414; 4 Redf. 66; 1 Johns. Ch. 561; 5 id. 283; 1 Edw. Ch. 572, 23 Barb. 464; 1 Tuck. 62, 408; Hopk. Ch. 512, 582; 3 Johns. Cas. 53; 25 W. D. 314; 1 Dem. 75; 11 Abb. N. C. 107; 7 Civ. Pro. 134; 70 N. Y. St. R. 431; 23 id. 657; 4 id. 459; 52 id. 138; 114 N. Y. 359; 138 id. 192; 21 Hun, 316; 63 id. 413; 18 N. Y. Supp. 686.

11 Same, of guardian of person. Before letters of guardianship of an infant's person are issued by the surrogate's court, the person appointed must take the official oath, as prescribed by law. The surrogate may also require him to execute to the infant a bond, in a penalty fixed by the surrogate, and with or without sureties, as to the surrogate seems proper; conditioned, that the guardian will in all things faithfully discharge the trust reposed in him, and duly account for all money or other property which may come to his hands, as directed by the surrogate's court. Code Civ. Pro., § 2831.

12 Petition for revocation of letters. In either of the following cases, the ward, or any relative or other person in his behalf, or the surety of a guardian, may, at any time, present to the surrogate's court a written petition, duly verified, setting forth the facts, and praying for a decree, revoking letters of guardianship, either of the person, or of the property, or both; and that the guardian. complained of may be cited to show cause, why such a decree should not be made:

5 Redf. 116; 2 Dem. 439, 648; 4 id. 154; 2 Civ. Pro. (McCarty) 333; 8 Civ. Pro. 159, n.; s. c. 2 How. Pr. N. S. 308; 4 Dem. 394; s. c. 9 Civ. Pro. 244; s. c. 3 How. Pr. N. S. 360; 24 W. D. 234; 5 Paige, 534; 2 Johns. Ch. 439.

1. Where the guardian is disqualified by law, or is, for any reason, incompetent to fulfil his trust.

2. Where, by reason of his having wasted or improperly applied the money or other property in his charge, or invested money in securities unauthorized by law, or otherwise improvidently managed or injured the real or personal property of the ward, or by reason of other misconduct in the execution of his office, or his dishonesty, drunkenness, improvidence, or want of understanding, he is unfit for the due execution of his office.

18 W. D. 42; 1 Tuck. 34; 1 Paige, 488; 2 id. 34.

3. Where he has wilfully refused, or, without good cause, neglected, to obey any lawful direction of the surrogate, contained in a decree or an order; or any provision of law, relating to the discharge of his duty.

2 Dem. 439.

4. Where the grant of letters to him was obtained, by a false suggestion of a material fact.

5 Redf. 116; 4 id. 306; 4 Dem. 394; s. c. 9 Civ. Pro. 244; s. c. 3 How. Pr. N. S. 360. 5. Where he has removed, or is about to remove, from the state.

6. In the case of the guardian of the person, where the infant's welfare will be promoted by the appointment of another guardian. Code Civ. Pro., § 2832.

5 Redf. 116; 2 id. 52; 2 Civ. Pro. (McCarty) 334; 8 Civ. Pro. 159, n.; s. c. 2 How. Pr. N. S. 308; 4 Dem. 394; s. c. 9 Civ. Pro. 244; s. c. 3 How. Pr. N. S. 360; 14 N. Y. 575; 24 W. D. 234; 18 id. 42; 1 Paige, 488; 2 Dem. 14, 439; 4 id. 154.

13 Citation; decree. Upon the presentation of a petition, as prescribed in the last section, the surrogate must inquire into the matter; and, for that purpose, he may issue a subpoena to any person, requiring him to attend and testify in the premises. If the surrogate is satisfied that there is probable cause to believe, that the allegations of the petition are true, he must issue a citation to the guardian complained of; and, upon the return thereof, if the material allegations of the petition are established, he must make a decree, revoking the guardian's letters accordingly; except that, where the case is within subdivision third or fourth of

the last section, he must dismiss the proceedings, under the like circumstances and upon the like terms, as prescribed in sections 2686 and 2687* of this act, where a similar complaint is made against an executor or administrator. Code Civ. Pro., § 2833.

2 Johns. Ch. 439; 5 Paige, 534; 10 id. 316; 1 id. 488; 2 id. 34; 15 Abb. Pr. 323; 1 Tuck. 34, 97; 2 Redf. 52; 2 Dem. 442; 4 N. Y. Supp. 135; 21 N. Y. St. R. 107.

14 Order suspending guardian. Upon issuing a citation as prescribed in the last section, the surrogate may, in his discretion, make an order suspending the guardian, wholly or partly, from the exercise of his powers and authority, during the pendency of the special proceeding. A certified copy of an order so made must accompany the citation, and be served therewith; but, from the time. when it is made, the order is binding upon the guardian and upon all other persons, without service thereof, subject to the exceptions and limitations prescribed in sections 2603 and 2604 of this act, with respect to a decree revoking letters. Code Civ. Pro., § 2834.

4 N. Y. Supp. 135.

15 Petition by guardian for discharge. A guardian, appointed as prescribed in this title, may, at any time, present to the surrogate's court a written petition, duly verified, setting forth the facts upon which the application is founded, and praying that his account may be judicially settled; that a decree may thereupon be made, revoking his letters, and discharging him accordingly; and that the ward may be cited to show cause, why such a decree should not be made. The surrogate may, in his discretion, entertain or decline to entertain the application. Code Civ. Pro., § 2835.

16 Proceedings thereupon; decree. If the surrogate entertains an application, made as prescribed in the last section, he must issue a citation, as prayed for in the petition; and he may also require notice of the application to be given to such other persons, and in such a manner, as he deems proper. Upon the return of the citation, a guardian ad litem for the ward must be appointed; and the surrogate may also, in his discretion, allow any person to appear and contest the application, in the interest of the ward. Upon the hearing, the surrogate must first determine whether sufficient reasons exist for granting the prayer of the petition. If he determines that they exist, and that the interests of the ward will not be prejudiced by the resignation of the guardian, the surrogate must make an order accordingly, and allowing the petitioner to account, for the purpose of being discharged. Upon his fully accounting, and paying all money which is found to be due from him to the ward, and delivering all books, papers, and other property of the ward in his hands, either into the surrogate's court, or in such a manner as the surrogate directs, a decree may be made, revoking the petitioner's letters, and discharging him accordingly. Code Civ. Pro., § 2836.

Notwith

17 Ward or new guardian may require accounting after discharge. standing the discharge of a guardian, as prescribed in the last section, his successor or the ward may compel a judicial settlement of his account, as prescribed in article seconds of this title, in the same manner and with like effect, as if the decree discharging him had not been made. With respect to all matters connected with his trust, his sureties continue to be liable, until his account is judicially settled accordingly. Code Civ. Pro., § 2837.

20 N. Y. Supp. 86; 10 W. D. 447; 2 Dem. 648; 2 Connolly, 108; 10 Paige, 316; 3 L. B. 79. 18 Application by foreign guardian for ancillary letters. Where an infant, who resides without the state and within the United States, is entitled to property within the state, or to maintain an action in any court thereof, a general guardian of his property who has been appointed by a court of competent jurisdiction, within the state or territory where the ward resides, and has there given security, in at least twice the value of the personal property, and of the rents and profits of * Executors, etc., §§ 50, 51. +Surrogates' Courts, §§ 117, 118.

the real property of the ward, may present to the surrogate's court having jurisdiction, a written petition duly verified, setting forth the facts and praying for ancillary letters of guardianship accordingly. The petition must be accompanied with exemplified copies of the records and other papers, showing that he has been so appointed, and has given the security required in this section, which must be authenticated in the mode prescribed in article seven of title three of this chapter, for the authentication of records and papers upon an application for ancillary letters testamentary, or ancillary letters of administration.

2. Where an infant, who resides without the state and within a foreign country, is entitled to personal property within the state, or to maintain an action, or special proceeding in any court thereof respecting such personal property, a general guardian of his property, authorized to act as such within the foreign country where the ward resides, may apply to the surrogate's court of the county where such personal property or any part thereof is situated, for ancillary letters of guardianship on the personal estate of such infant, and the person so authorized must present to the surrogate's court having jurisdiction, a written petition, duly verified, setting forth the facts and praying for ancillary letters of guardianship on the personal estate of such infant. The petition must be accompanied with the exemplified copies of the records and other papers showing the appointment of such foreign guardian or where such foreign guardian has not been appointed by any court with other proof of his authority to act as such guardian within such foreign country, and also with proof that, pursuant to the laws of such foreign country, such foreign guardian is entitled to the possession of the ward's personal estate. Exemplified copies of the records, where used pursuant to this section, must be authenticated in the manner required pursuant to subdivision one of this section. Code Civ. Pro., § 2838, as am'd L. 1889, c. 263, § 1, and L. 1892, c. 576.

3 Redf. 457; 3 Bradf. 130; 4 id. 334; 57 How. Pr. 208; 1 Johns. Ch. 153; 6 id. 353; 1 Tuck. 422; 10 W. D. 482; 2 Dem. 4, 11; 3 id. 11, 387; 4 id. 38; 20 Civ. Pro. 332; 68 N. Y. St. R. 829; 9 N. Y. Supp. 296; 34 id. 1088; 1 Connolly, 155.

19 Proceedings thereupon; decree. Where the surrogate is satisfied upon the papers presented, as prescribed in the last section, that the case is within that section, and that it will be for the ward's interest that ancillary letters of guardianship should be issued to the petitioner, he may make a decree granting ancillary letters accordingly. Such a decree may be made without a citation, or the surrogate may cite such persons as he thinks proper to show cause why the prayer of the petition should not be granted. But before the ancillary letters are issued, the surrogate must inquire whether any debts are due from the ward's estate to residents of the state; and if so, he must require payment thereof. Code Civ. Pro., § 2839, as am'd L. 1892, c. 576.

3 Redf. 457; 4 Dem. 38, 94; 20 Civ. Pro. 332.

20 Letters, how issued; authority conferred. Ancillary letters of guardianship are issued as prescribed in the last section, without security and without an oath of office. If issued in a case provided for in subdivision one,t of section twentyeight hundred and thirty-eight, they authorize the person to whom they are issued to demand and receive the personal property, and the rents and profits of the real property of the ward, to dispose of them in like manner as a guardian of the property appointed as prescribed in this article; to remove them from the state; and to maintain or defend any action or special proceeding in the ward's behalf. If issued in a case provided for in subdivision two, of section twenty-eight hundred and thirty-eight, such ancillary letters of guardianship authorize the person to whom they are issued, to demand and receive the personal estate of the ward, and to dispose of it in like manner as a guardian of property appointed as prescribed in this article, and to maintain or defend any action or special proceeding respecting such personal estate in the ward's behalf. But in neither case do such letters authorize such ancillary guardian to receive from a resident, guardian, executor, or * Executors, etc., §§ 58-68. So in the original. This subject, §§ 1-21.

administrator, or from a testamentary trustee, subject to the jurisdiction of a surrogate's court, money or other property belonging to the ward, in a case where letters have been issued to a guardian of the infant's property, from a surrogate's court of a county within the state, upon an allegation that the infant was a resident of that county, except by the special direction, made upon good cause shown, of the surrogate's court from which the principal letters were issued, or unless the principal letters have been duly revoked. Code Civ. Pro., § 2840, as am'd L. 1889, c. 263, § 2.

4 Dem. 38; 20 Civ. Pro. 332; 27 Abb. N. C. 61; 89 Hun, 530; 68 N. Y. St. R. 829; 69 id. 744; 14 N. Y. Supp. 659; 34 id. 1088.

21 Application to former guardians. The last section applies to letters granted, before this chapter takes effect, by a surrogate's court of the state, to a guardian appointed by a court of another state, or a territory of the United States, upon presentation of an exemplified transcript of the record of his appointment. Code Civ. Pro., § 2841.

Supervision and Control of a General Guardian; Judicial Settlement of his Accounts. 22 Filing annual inventory and account. A general guardian of an infant's property, appointed by a surrogate's court, must, in the month of January of each year, as long as any of the infant's property, or of the proceeds thereof, remains under his control, file in the surrogate's court the following papers: 2 Dem. 41, 441; 104 N. Y. 266.

1. An inventory, containing a full and true statement and description of each. article or item of personal property of his ward, received by him, since his appointment, or since the filing of the last annual inventory, as the case requires; the value of each article or item so received; a list of the articles or items, remaining in his hands; a statement of the manner in which he has disposed of each article or item not remaining in his hands; and a full description of the amount and nature of each investment of money, made by him.

2 Dem. 441; 9 Misc. 240.

2. A full and true account, in form of debtor and creditor, of all his receipts and disbursements of money, during the preceding year; in which he must charge himself with any balance remaining in his hands, when the last account was rendered, and must distinctly state the amount of the balance remaining in his hands, at the conclusion of the year, to be charged to him in the next year's account. Code Civ. Pro., § 2842.

2 Dem. 441; 4 N. Y. Supp. 477; 17 N. Y. St. R. 813; 5 id. 620; 104 N. Y. 250.

23 Affidavit to be filed with same. With the inventory and account, filed as prescribed in the last section, must be filed an affidavit, which must be made by the guardian, unless, for good cause shown in the affidavit, the surrogate permits the same to be made by an agent or attorney, who is cognizant of the facts. The affidavit must state, in substance, that the inventory and account contain, to the best of the affiant's knowledge and belief, a full and true statement of all the guardian's receipts and disbursements, on account of the ward; and of all money and other personal property of the ward, which have come to the hands of the guardian, or have been received by any other person by his order or authority, or for his use, since his appointment, or since the filing of the last annual inventory and account, as the case requires; and of the value of all such property; together with a full and true statement and account of the manner, in which he has disposed of the same, and of all the property remaining in his hands, at the time of filing the inventory and account; and a full and true description of the amount, and nature of each investment made by him, since his appointment, or since the filing of the last annual inventory, and account, as the case requires; and that he does not know of any error or omission in the inventory or account, to the prejudice of the ward. The surrogate must annex a copy of this and the last section, to all letters of guardianship of the property of an infant issued from his court. Code Civ. Pro., § 2843.

9 Paige, 166; 4 N. Y. Supp. 477.

24 Annual examination of guardian's accounts, etc. In the month of February of each year, and thereafter until completed, the surrogate must, for the purposes specified in the next section, examine or cause to be examined, under his direction, all inventories and accounts of guardians filed since the first day of February of the preceding year. The examination may be made by the clerk of the surrogate's court, or by a person specially appointed by the surrogate to make it, who must, before he enters upon the examination, subscribe and take before the surrogate, and file with the clerk of the surrogate's court, an oath faithfully to execute his duties, and to make a true report to the surrogate. Where the surrogate seasonably certifies in writing to the board of supervisors, or in the county of New York to the board of aldermen, that the examination required by this section cannot be made by him, or by the clerk of the surrogate's court, or by any clerk employed in his office and paid by the county, the board must provide for the compensation of a suitable person to make the examination. Code Civ. Pro., § 2844, as am'd L. 1881, c. 535.

2 Dem. 41; 104 N. Y. 266; 20 Civ. Pro. 273; 37 N. Y. St. R. 648; 14 N. Y. Supp. 178.

25 Proceedings when account, etc., defective or not filed. If it appears to the surrogate, upon an examination made as prescribed in the last section, that a general guardian of an infant's property, appointed by letters issued from his court, has omitted to file his annual inventory or account, or the affidavit relating thereto, as prescribed in the last section but one; or if the surrogate is of the opinion, that the interest of the ward requires that the guardian should render a more full or satisfactory inventory or account; the surrogate must make an order, requiring the guardian to supply the deficiency, and also, in his discretion, requiring the guardian personally to pay the expense of serving the order upon him. Where the guardian fails to comply with such an order, within three months after it is made; or where the surrogate has reason to believe that sufficient cause exists for the guardian's removal, the surrogate may, in his discretion, appoint a fit and proper person special guardian of the ward, for the purpose of filing a petition in his behalf, for the removal of the guardian, and prosecuting the necessary proceedings for that purpose. Code Civ. Pro., § 2845.

2 Dem. 41, 439, 443; 104 N. Y. 266; 58 id. 666; 1 T. &. C. 6.

26 Order as to support and education of infant. Upon the petition of the general guardian of an infant's person or property; or of the infant; or of any relative or other person in his behalf; the surrogate, upon notice to such persons, if any, as he thinks proper to notify may make an order, directing the application, by the guardian of the infant's property, to the support and education of the infant, of such a sum as to the surrogate seems proper, out of the income of the infant's property; or, where the income is inadequate for that purpose, out of the principal. Code Civ. Pro., § 2846.

5 Paige, 596; 2 Dem. 42, 648; 4 id. 146; 6 id. 42; 59 Hun, 589; 4 Misc. 366; 7 id. 377; 9 id. 240; 37 N. Y. St. R. 437; 51 id. 561; 58 id. 520; 61 id. 303; 4 N. Y. Supp. 477; 14 id. 353; 23 id. 280; 25 id. 827; 6 id. 773; 19 N. Y. St. R. 830; 7 id. 715; 20 id. 867; 22 id. 83; 17 id. 813; 24 id. 171; 26 id. 964; 45 id. 924; 1 Connolly, 10, 281; 4 Redf. 360; 32 Hun, 545; 54 id. 637; 116 N. Y. 654; 57 N. Y. Super. 27.

27 Petition for settlement of guardian's account. A written petition, duly verified, praying for the judicial settlement of the account of a general guardian. of an infant's property, and that he may be cited to attend the settlement thereof, may be presented to the surrogate's court, in either of the following cases:

2 Dem. 42, 596; 104 N. Y. 266, 267.

1. By the ward, after he has attained his majority.

36 Hun, 261; 50 id. 389.

2. By the executor or administrator of a ward, who has died.

3. By the guardian's successor, including a guardian appointed after the reversal of a decree, appointing the person so required to account.

126 N. Y. 377; 37 N. Y. St. R. 776.