The Disposition of a Decedent's Real Property for the Payment of Debts And Funeral Expenses Under the Code of Civil Procedure of the State of New York
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'^ 73. — Form: Affidavit to Procure Order dispensing with Service upon Lunatic. " 74. — Form: Order Dispensing With Service upon Lunatic. " 75. — Service by Publication. " 76. — Same Subject: Application for Order. " 77. — Order for Service by Publication: When and How Made. " 78.— Form: Order for Service out of State, or by Publica- tion. 79. — Order: How executed. 80. — Time when Citation must be Served. " 81. — Service of Citation: By whom made. 82. — Proof of Service. " 83. — Form: Proof of... Service. 84. — Waiver of Citation. 85. — Form: Waiver of Citation. 104 Ch. VI, § 57] THE CITATION AND ITS SERVICE. 105 Section 57. — Of the Preliminary Determination. It is provided in section 2Y54 that " where the surrogate is satisfied that all the facts specified " in section 2752, " have been ascertained, as far as they can be upon diligent inquiry, and it appears to him that the debts, judgment liens and funeral expenses, or either, cannot be paid, without resorting to the real property, or interest in real property, he must issue a citation according to the prayer of the petition." Un- doubtedly the surrogate may be thus " satisfied " by the peti- tion itself, where all the requisite facts have been ascertained and set forth therein ; but this provision seems to assume that he must actually make some examination into the matter before issuing the citation.
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