New-York tribune., 1899-03-16
REPORT on THE SORROUAiE H.
RECOMMENDATIONS MADE BY THE FAIL
LOWS COMMITTEE.

.,.n- March 15-The final report OF the speciai
.oro,,,ttee of the Assembly appointed to lnves'sa,e
tho surrogate's Court and once o. ~"
County was submitted to that bocy inns "'S' e.
Tho committee sets forth the condl'ohS w" - -
1o,d ~ have existed during the term OF once u
- - S,-roro,o Arnold and IN conclusion makes
a number Of recommencatoilS' ""'~'
porated IN several bills. a.. .ho
The most important bill Is an amenoheh' ~ W
Tax law so as to provide In the county % N,'s.
York for the appointment by the STATE Oo"''o
OF five transfer tax appraisers at salaries Nv,
exceed $500 a year. to whom the sun -,
rotor for appraisal all estates to he appraiser u'e
mis- act in that county IN regular rotation me
law Is further amended by providing IN resa'u ~ ~
the commission which any County lreasu'
tho Controller Of the City Of New-NorK Is e"'''o,
% rotain orr Of any funds he may have on account
OF the tax that such commission shaI III "o O"''
oxceed I'm the aggregate the sum OF N"o'' o
Arotber significant amendment is to Section z'o''
- tho code of Civil Procedure which provides that
the father or son OF a Surrogate shall not ac' as
arnraser referee or special guardian In any matter
before the Surrogate. l.,
II is provided that unless referee repoit %
nassed upon and confirmed. approved, modlhed OF
rejected bv a Surrogate within sixty days after II
had been submitted to him II shall be deemed con-
drped and any party interested in the proceedihs
may enter IN order to that effect upon TWO Gays
notice ~ =,
As 10 the payment OF the Surrogates salaries IN
,bo county Of New-York Section 9 of Chapter eiZ
Of the Laws Of 1892 is amended by addihs' But
neither Surrogate shall he allowed 10 ara" OF re-
caiva any monthly salary until he shall take ana
snhscrhe before an officer entitled 10 administer
atbs and file with the Controller or newborn III
affidavit to the effect that no matter OF p'ooeo'5
that had been submitted TO him for decision then
remains undecided for the period Of ninety Gays
An amendment is made to Section 2''n whereby
M executor or administrator shall be credited upon
his accounting unless the fee or fees nave hereto
fore been taxed and adjusted by the surrosate'
Section 25oi is amended by adding the following
provision thereto:
And there shall be published in The Law Jour .
every week. under the name Of the Surrogate max
Ing The several appointments ir anu annraIsers
special guardians, referees and temporary agthin-
mated or approved during the preceding Week TO, TO-
gether with the names of the proceedings IN Whch
they were appointed and the dates OF sald appoint
ments
provision added TO Section 2.5sl reads.
But in shall the Surrogate fix sun sum to l be
! lowancc to n special guardian for an infant which
/ costs provided by this section
In order to prevent delay in the granting OF
ancillary letters. the law IS so amended to pro-
vide that Surroeatos in cases where creditors
snail file duly acknowledged waivers Of the issuance
and service of citation must issue cltallons al Oh
rected 10 slch persons ANY SUN @ pc, SUI,
the applica ton and thus make himself party to
/ The special proceeding. go
! lion Of citations. Section 25A OF the code is &c
, amended that the Surrogate in his discretion may
order the publication Of the citation in only ono
/ newspaper.
To insure creditors Of a decedcnt oppor
| tunty Of presenting their claims the committee
recommends that 1t be provided by law that any
time after the death Of a decedent testate or In
testate any creditor of such decedent may file II
the onicc Of the Surrogate OF the county of which
/ Qecedenf a
dent d verified statement Of MS claim. describing
the same in substantial detail as 70 character anc
amount.
The minority members concur in the report OF the
/ majority members except in a few Instances. They
believe that the power Of appointment OF the ap
praisers therein provided for should be given tC
the Surrogates in the county OF New-Nork instead
the S,ate Controller. Il IS just. they say
20 take from the SurroGates Of that county th'
night enjoyed by the Surrogates OF all the othel
counties OF the State. They also dissent 10 tht
recommended tion relative to fees 70 be paid th'
Controller holding that they should not be limited
6No1 mo