Affidavit; accounting; notice of settlement Rules 11-14

resent the interest of an infant in any proceeding will be appointed on the nomination of a proponent or the accounting party or his attorney, or upon the application of a person having an interest adverse to that of the infant. To authorize the appointment of a person as a special guardian on the application of an infant or otherwise in a proceeding in this court, or to entitle a general guardian of such infant to appear for him in such proceeding, it must appear that such person, or such general guardian, is competent to protect the right of the infant, and that he has no interest adverse to that of the infant, and is not connected in business with the attorney or counsel of any party to the proceeding.

Rule XI. Affidavit of regularity

Before the making of a decree under Chapter XVIII, Title V, Code of Civil Procedure, an affidavit of regularity must be filed by the attorney for the petitioner.

Rule XII. Petition for voluntary accounting

When a petition for a voluntary accounting is presented, the account and vouchers to which it relates must be filed therewith.

Rule XIII. Reports of special guardians in accountings

Special guardians in accounting proceedings must file their reports within eight days from the time of their appointment, except where objections are filed, an adjournment had, or their time to file report is extended by the surrogate. The report or an accompanying affidavit must state in detail the work done and the number of days spent in its performance.

Rule XIV. Notice of settlement, when required

In all accounting proceedings where a notice of appearance and demand are filed, or special guardians are ap

Accounts; continuous proceedings; allowances

Rules 15-19

pointed, two days' notice of settlement of decree must be given unless all parties who have appeared consent to the entry of the decree.

Rule XV. Objections to accountings

On an accounting by an executor, administrator, guardian or trustee, which may be contested, any person interested, or a creditor desiring to contest the account, must file specific objections thereto in writing. Objections to items of receipts or disbursements must be verified. All vouchers and other papers must be so arranged as to be readily placed in the document file boxes in use in the office.

Rule XVI. Referee's report on contested accounts Referees' reports on contested accounts must conform to section 2545 of the Code of Civil Procedure.

Rule XVII. Accounting by executor, etc., with will annexed

On an accounting by an executor, testamentary trustee, or administrator with the will annexed, a copy of the will must accompany the proposed decree.

Rule XVIII. Continuous proceedings

In contested matters, making partial proof and then adjourning to take further proof will not be permitted, but the hearing must proceed continuously until testimony is closed.

Rule XIX. Allowance to executors, etc.

No allowance will be made to executors or administrators on the judicial settlement of their accounts unless the bill of costs contains a detailed statement of the days employed by them in connection with the account, show

Custody of papers; claims; applications - Rules 20-23

ing the time occupied on each day in the rendition of the services, and their nature and extent in detail.

Rule XX. Custody of papers on file

No record or paper on file in this court will be intrusted to the custody of the attorneys or parties, except for the purpose of proper examination, in the office where they are deposited; and if any such document or paper shall be needed before any referee appointed by this court, the same shall be intrusted to a clerk or messenger of this court and delivered to the referee, who shall execute a receipt therefor, and for its redelivery.

Rule XXI. Disputed claims

In all cases where parties consent that the surrogate may hear and determine disputed claims against the estates of decedents upon the judicial settlement of the accounts of executors or administrators, as provided by section 1822 of the Code of Civil Procedure, the attention of the court must be directed to this fact on filing the petition for accounting in order that the matter may be placed upon the appropriate calendar.

Rule XXII. Failure to submit findings and decree; costs

In cases where parties to a contested matter fail to submit findings and decree in conformity with a decision duly made and rendered within thirty days after the making of such decision the surrogate will not award costs to any party.

Rule XXIII. Application for leave to compromise

Upon application for leave to compromise, the petitioner's attorney, if any, shall state whether or not he has become concerned in the application or its subject-matter

Application for letters of administration Rule 24

at the instance of the party with whom the compromise is proposed and whether or not he has received or is to receive any compensation from such party. (Added Sept. 9, 1909.)

Rule XXIV. Application for letters of administration

Upon application for letters of administration, where it appears that an intestate was at death the subject of a foreign power, whose consul is entitled by treaty to the right of administration or intervention, notice of the application shall be given to the consul whose right is concerned. (Added Jan. 20, 1910.)