A Handbook of Practice Under the Civil Practice Act of New York : Prepared Primarily for the Use of Students, And Presenting in Brief Form, And in Simplified And Orderly Manner, the Portions Essential for Their Consideration

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If the will affects real property in any county, a certified copy must be recorded by the county clerk upon request (§ 152) and the STJKROGATES' COURTS. 233 executor should secure such recording. A cer- tified copy of the will, and a certificate of its probate, may be read in evidence (§ 151).
III. Administrators.
If a person dies intestate, i.e., leaves no will, letters of administration upon his personal es- tate may be granted by the surrogate of the county where he was a resident at the tim
...e of his death; or, if a non-resident dies intestate within the county leaving personal property in the State, or dies without' the State leaving per- sonal property within the county (§§ 45-6).
An administrator has nothing to do with the decedent's real property, except where he may bring a proceeding to sell it to pay his debts; see Subdivision V, post.
In granting letters of administration the sur- rogate gives preference in the following man- ner: (1) To surviving husband or wife; (2) to children; (3) to grandchildren; (4) to father; (5) to mother; (6) to brothers; (7) to sisters; (8) to other next of kin entitled to share in dis- tribution, etc.; males are preferred to females of Ihe-same degree; if no relative will accept the appointment, the public administrator has preference over a creditor (§ 118).


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