if they are kept in the custody of a separate officer, they must be authenticated by his official seal and his signature. Where a certificate of the substance of the testimony is recorded, as prescribed in the last section, it must be made by a judge of the court, and attested by the seal thereof. New. $2705. The same.-A certificate, under the great or principal seal of the state or territory, and the hand of the secretary of state, or other officer who has the custody thereof, must be appended to the exemplification, letters, or certificate of the substance of the testimony, to the effect that the court is duly constituted; that it has jurisdiction, under the laws of the state or territory, to grant the letters, or to make the judgment, decree, or order, as the case requires; that the records or proofs exemplified are kept, pursuant to those laws, by that court, or by the officer who authenticates the same; that the seals, appended to the exemplifications or certificates are genuine; and that the officer making the certificate verily believes that each of the signatures, attesting the exemplification or certificate, is genuine. New. TITLE IV. Proceedings by or against an executor or administrator, touching the administration and settlement of the es tate. ARTICLE 1. Aid, supervision, and control of an executor or administrator. 2. Accounting; and settlement of the estate. ARTICLE FIRST. AID, SUPERVISION, AND CONTROL OF AN EXECUTOR OR ADMINISTRATOR. SEC. 2706. Proceedings to discover property withheld, etc. 2707. Id.; where person withholding is in another county. 2708. Order accompanying citation; how citation and order served. 2709 Id.; certain officers may act in surrogate's absence. SEC. 2710. Examination of the person cited. 2711. Additional evidence. 2712. Decree awarding possession to the petitioner. 2713. Security to prevent decree. 2714. Warrant to seize property. 2715. Executor, etc., how compelled to return inventory. 2716. Id.; how discharged from commitment. 2717. Petition by creditor or legatee to compel payment. 2718. Hearing; decree. 2719. Decree for payment of legacy, etc., on giving security. 2721. Id.; upon judicial settlement. $2706. Proceedings to discover property withheld, etc.- An executor or administrator may present to the surrogate's court, from which letters were issued to him, a written petition, duly verified, setting forth, upon knowledge, or information and belief, any facts, tending to show that money or other personal property, which ought to be delivered to the petitioner, or which ought to be included in an inventory or appraisal, is in the possession or under the control of a person, who withholds the same from him; or conceals or refuses to exhibit it, so that it cannot be inventoried or appraised; and praying an inquiry respecting it, and that the person complained of may be cited to attend the inquiry, and to be examined accordingly. The petition may be accompanied with an affidavit or other evidence, written or oral, tending to support the allegations thereof. If the surrogate is satisfied, upon the papers so presented, that there are reasonable grounds for the inquiry, he must issue a citation accordingly; which may be made returnable forthwith, or at a future time fixed by the surrogate, and may be served at any time before the hearing. L. 1870, ch. 394, § 1 (7 Edm. 726); L. 1870, ch. 359, 37. Matter of Beebe, 20 Iun, 462; Tilton v. Ormsby, 10 id. 7; s. c., 70 N. Y. 609. § 2707. Id.; where person withholding is in another county.- Where the person or any of the persons, to be cited, does not reside, or is not within the county of the surrogate, the citation may, in the surrogate's discretion, require him to appear at a specified time, at a place within the county where he resides or is served, before a judge, a justice of the peace, or a referee, designated in the citation, or before the surrogate of that county. New. § 2708. Order accompanying citation; how citation and order served. The surrogate must annex to or indorse upon the citation, an order, requiring the party cited to attend personally, at the time and place therein specified. The citation and order must be personally served; and service thereof is ineffectual, unless it is accompanied with payment or tender of the sum, required by law to be paid or tendered to a witness, who is subpoenaed to attend a trial in the supreme_court. A failure to attend, as required by a citation and order personally served, may be punished as a contempt of the court. L. 1870, ch. 394, 1 and 3 (7 Edm. 726). § 2709. Id.; certain officers may act in surrogate's absence. - If the surrogate is absent, the petition may be presented to the county judge, the special county judge, or the special surrogate, or to a justice of the supreme court, or a judge of a superior city court within his city, or, except in New-York or Kings county, to the mayor or recorder of a city within the surrogate's county. The officer, to whom it is so presented, has the same power as the surrogate, with respect to all the proceedings, and must issue a citation and an order, returnable before him, or as prescribed in the last two sections. He may, at any stage of the proceedings, make an order transferring them to the surrogate, who must thereupon complete them, in like manner, as if he had issued the citation. L. 1870, ch. 394, § 2 (7 Edm. 726), amended. § 2710. Examination of the person cited. Upon the attendance of a person, to whom a citation is issued, as prescribed in this article, he must be sworn to answer truly all questions put to him, touching the inquiry prayed for in the petition; and he may be examined fully and at large, respecting any money or other property of the decedent, or of which the decedent had possession at the time of, or within two years before, his death. A refusal to be sworn, or to answer any ques tion which the officer conducting the examination determines to be proper, is punishable by the officer or referee conducting the examination, in the same manner as a like refusal by a witness, subpoenaed to attend a hearing before the surrogate. Id., part of 3. § 2711. Additional evidence. After the examination of all the parties cited is completed unless one or more of them give security, as prescribed in the next section but one, either party may produce further evidence, in like manner and with like effect as upon a trial. New. § 2712. Decree awarding possession to the petitioner. Where it appears to the surrogate or other officer who issued the citation, from the examination and other testimony, if any, that there is reason to suspect, that money or other property of the decedent is withheld or concealed by the person cited, he must, unless that person gives security, as prescribed in the next section, make a decree, reciting the ground of making it, and requiring the person cited to deliver possession of the money or other property to the petitioner. The decree must specify the sum of money or describe the other property. Where it is made by an officer, other than the surrogate or temporary surrogate, it must be entered, and may be enforced, as a decree of the surrogate's court. Id., 5. Estate of McCabe, 2 Law Bulletin, 27; Matter of Rosenthal, id. 83. The security, $2713. Security to prevent decree. to be given as prescribed in the last section, must be a bond to the petitioner, executed by the person cited, with such sureties and in such a penalty as the surrogate approves; describing the property or specifying the sum of money; and conditioned that the principal in the bond will pay to the obligee, or his successor, the money; or that he will deliver to him the property, or, in default thereof, pay to the obligee the full value of the property, and, in either case, that he will pay all damages awarded against him for withholding the property, whenever it is determined, in an action or special proceeding to be brought by the obligee or his successor, that it belongs to the estate of the decedent. Upon the presentation of such a bond, and the payment of the costs, if any, which the surrogate or other officer awards to the petitioner, within such a time as the surrogate or other officer fixes for that purpose, an order must be made, dismissing the proceedings. Id., 6. Where the 2714. Warrant to seize property. decree requires the person cited to deliver money, disobedience thereto may be punished as a contempt of the court. Where it requires him to deliver possession of other property, a warrant must be issued, upon the application of the petitioner, directed to the sheriff, or, generally, to any constable of the county, or any marshal of the city, where the property may be found; commanding him to search for it; to seize it, if it is found in the possession of the person cited, or his agent, or a person deriving title from him since the presentation of the petition, and for that purpose, if necessary, to break open any house in the day time; to deliver the property so seized, to the petitioner; and to return the warrant within sixty days thereafter. If the decree was made by the surrogate or temporary surrogate, the warrant must be under the seal of the surrogate's court; if by any other officer, it must be under his hand, and returnable before him. The issuing of such a warrant does not affect the power of the court to enforce the decree, or any part thereof, by punishing a disobedience thereto. L. 1870, ch. 394, part of 5 (7 Edm. 727). - 2715. Executor, etc., how compelled to return inventory. A creditor, or person interested in the estate, may present to the surrogate's court proof, by affidavit, that an executor or administrator has failed to return an inventory or a sufficient inventory, within the time prescribed by law therefor. Thereupon, if the surrogate is satisfied that the executor or adminis trator is in default, he must make an order, requiring the delinquent to return the inventory, or a further inventory; or, in default thereof, to show cause, at a time and place therein specified, why he should not be attached. Upon the return of the order, if the delinquent has not filed a sufficient inventory, the surrogate must issue a warrant of attachment against him, upon which the proceedings are the same, as upon a warrant issued for disobedience to an order, as prescribed in title twelfth of chapter seventeenth of this act. 2 R. S. 85, 17, 18 (2 Edm. 87). Leroy v. Bayard, 3 Bradf. 228; 2 R 8. 82, 11-24 (2 Edm. 82); Lloyd r. Lloyd, 1 Redf. 399; Ames e. Downing, 1 Bradf. 321; 8. c., 8 N. Y. Leg. Obs. 317; Hart v. Ten Eyck, 2 Johns. Ch. 62; Montgomery v. Dunning, 2 Bradf. 220; Thomson v. Thomson, I |