previous to such notice, shall be valid; and all suits commenced by ART. 2. him, may be continued by and in the name of the executor or administrator who shall succeed him in the administration of the estate, in relation to which such suit may be brought. adminis § 69. Upon receiving letters of administration, the county Powers as treasurer shall be vested with all the powers and rights of other trator. administrators, and shall be subject to the same duties and obligations, except as herein otherwise provided. count. § 70. Within one year after receiving letters of administration, To ac the person so appointed shall account on oath to the surrogate of his county, for all assets of such estate received by him, and for the application thereof; and proceedings may be had at the instance of any person interested, or of the attorney-general, or the comptroller, to compel such account. ances; balance. § 71. On the settlement of his accounts, he shall be allowed for Allowhis expenses as other administrators, and for his services, double the payment of commissions allowed them by law. The balance of any monies in 2 Dem., 651. his hands, shall be paid into the treasury of the state, for the benefit of such persons as shall be entitled to receive the same. comptrol § 72. The county treasurer of every county, shall exhibit to the Account to comptroller of the state, at the time of rendering his account of ler. taxes, in each year, a statement, on oath, of all the monies received by him, for commissions, services and expenses, and of the total amount of his receipts and expenditures, in each case in which he shall have taken charge of and collected any effects, or in which he shall have administered on any estate, during the preceding year; with the name of the deceased, his addition, the place of his residence at the time of his death, if the same be known, and the place from which he came, if he was not a resident of this state at the time of his death. [133] lished; § 73. The county treasurer shall cause a copy of every statement To be pubmade by him, to be published for three weeks, once in each week, in penalty for a newspaper printed in his county, and in the state paper; the ex- neglect. pense of which shall be retained by him out of any balance in his hands, payable into the state treasury. For a neglect to comply with this provision, he shall forfeit one hundred dollars, to be recovered by the attorney-general, for the use of the people of this state. The comptroller shall give notice to the attorney-general, of every such omission. money state § 74. Any person claiming any moneys that shall have been paid Claims to into the state treasury by any county treasurer, pursuant to this title, paid into or by any administrator pursuant to section eighty-one of title three treasury by public of this chapter, may present a petition to the supreme court, praying adminis that such moneys may be paid to him; and a copy of such petition trators. shall be served upon the attorney-general fourteen days previous to the time when the same shall be presented. [Thus amended by L. 1877, ch. 456.] order § 75. The chancellor may make such order as he shall judge ex- Who may pedient, to ascertain the rights of the claimant, either by a reference money to be paid. to a master, or by awarding an issue, or otherwise; and may grant an order, directing the payment of any monies that shall appear to be due to such claimant, without any interest thereon, and deducting TITLE 6. To be paid by comptroller. any expenses that may have been incurred on the part of the state, in relation to such balance. § 76. Upon the production of a certified copy of such order, the comptroller shall draw his warrant on the treasury, for the amount therein specified; which shall be paid by the treasurer, to the person entitled thereto. [Supplementary Article.] ARTICLE 24. OF THE PUBLIC ADMINISTRATOR OF KINGS COUNTY. L. 1871, Chap. 335-An act to authorize the appointment of a person to be public administrator in the county of Kings, and to determine the powers and duties of such officer. Appointment of public administrator; his term of office. SECTION 1. Within ten days after the passage of this act the surrogate of the county of Kings, and county treasurer of said county, are hereby authorized to appoint a public administrator for the county of Kings, and thereafter, from time to time, as often as a vacancy in the office shall occur, to appoint a competent person to be the public administrator in the county of Kings, who shall hold his office for the term of five years, unless sooner removed for cause. 30 Hun, 401. Oath of office and official bond. § 2. The person so appointed, before entering upon the duties of his office, shall take and subscribe before the county clerk of Kings county, or a justice of the supreme court, or the county judge of Kings county, the oath prescribed by the Constitution of the state of New York, and shall execute a bond, with such sureties as shall be approved by a justice of the supreme court, or the county judge of Kings county, to the said county of Kings, in the penal sum of fifty thousand dollars, conditioned for the faithful discharge of all the duties of his office, and that he will fully and correctly account for and pay over all moneys and property that may come into his hands as such public administrator, according to law, which bond shall be filed with the clerk of the county of Kings. Commissions upon property of intestates. § 3. The public administrator shall be entitled to retain, from all moneys or property of any intestate that may come into the hands, after deducting all actual and necessary expenses incurred, the same commissions as are now allowed by law to executors or administrators. Powers of public administrator. § 4. Such public administrator shall have the prior right and authority to collect, take charge of and administer upon the goods, chattels, personal estate and debts of persons dying intestate, and for that purpose to maintain suits as such public administrator as any executor or administrator might by law in the following cases: 1. Whenever such person shall die leaving any assets or effects in the county of Kings, and there shall be no widow, husband or next of kin entitled to a distributive share in the estate of said intestate, resident in the state, entitled, competent or willing to take out letters of administration on such estate. 2. Whenever assets or effects of any person dying intestate shall, after his death, come into the county of Kings and there shall be no person, as aforesaid, entitled, competent or willing to take administration of such estate. In the above cases, intestacy shall be presumed until a will shall be proven, and letters testamentary issued thereon. [Thus amended by L. 1882, ch. 124.] 1 Dem., 475; 30 Hun, 401; 94 N. Y., 544. Laws applicable. § 5. All provisions of law conferring jurisdiction, authority, or power upon, or otherwise relating to the office of public administrator of the city of New York and to the office of public administrator in the several counties of this state, so far as applicable, are hereby declared to apply to, and are conferred upon, the office hereby created. Surrogate may issue letters of collection. § 6. The surrogate of the county of Kings, in cases where now authorized by law to issue letters of collection, may, in his discretion, issue letters of collection to such public administrator without further security than required by this act. No salary to be paid. § 7. Such public administrator shall receive no salary for his services. TITLE: [134] Fraudulent convey. &c. CHAPTER VII. OF FRAUDULENT CONVEYANCES AND CONTRACTS, TITLE I.-OF FRAUDULENT CONVEYANCES AND CONTRACTS, RELATIVE TO LANDS. TITLE II.-OF FRAUDULENT CONVEYANCES AND CONTRACTS, RELATIVE TITLE III.-GENERAL PROVISIONS. TITLE I. Of fraudulent Conveyances and Contracts, relative to Lands. SEC. 1. Conveyances of lands, etc., with intent to defraud purchasers, void as to them. 2. Qualification of preceding section, as to subsequent purchasers. 3. Conveyances containing power of revocation, etc., void as to subsequent purchasers. 4. Certain conveyances by person authorised to revoke former conveyance, valid. 5. Such conveyances valid from the time the power to revoke vested. 6. Writing, etc., necessary to convey certain interests in land. 7. Last section not to extend to wills or certain trusts, or fines. 8. Contracts to sell or lease lands, to be in writing; consideration to be stated. 9. Contracts subscribed by lawful agent, valid. 10. Powers of chancery to compel performance of agreements, not to be affected. SECTION 1. Every conveyance of any estate or interest in lands, ances, void, or the rents and profits of lands, and every charge upon lands, or 4 N.Y., 211; upon the rents and profits thereof, made or created, with the intent 25 How. Pr. to defraud prior or subsequent purchasers for a valuable consideraR., 482; 40 tion, of the same lands, rents or profits, as against such purchasers, shall be void. 1 N.Y., 308; How. Pr. R., 441; 8 Bosw., 174. Qualifica tions of last sec [1 R. L., 75, § 3.] § 2. No such conveyance or charge, shall be deemed fraudulent, in favor of a subsequent purchaser, who shall have actual or legal notice thereof, at the time of his purchase, unless it shall appear Pr. R., 311; that the grantee in such conveyance, or person to be benefitted by such charge was privy to the fraud intended. tion. 24 How. 55 N. Y., 501. Convey. ances with power of revocation void, &c. 38 Barb., 206; 59 N. Y., 450. Conveyances by §3. Every conveyance or charge of, or upon, any estate or interest in lands, containing any provision for the revocation, determination or alteration, of such estate or interest, or any part thereof, at the will of the grantor, shall be void, as against subsequent pur-. chasers from such grantor for a valuable consideration, of any estate or interest so liable to be revoked or determined, although the same be not expressly revoked, determined or altered, by such grantor, by virtue of the power reserved or expressed in such prior conveyance or charge. [1 R. L., 75, § 5.] § 4. Where a power to revoke a conveyance of any lands, or the one autho- rents and profits thereof, and to reconvey the same, shall be given revoke for to any person, other than the grantor in such conveyance, and such TITLE 1. person shall thereafter convey the same lands, rents or profits, to a rised to purchaser for a valuable consideration, such subsequent conveyance mer grants. shall be valid, in the same manner and to the same extent, as if the power of revocation were recited therein, and the intent to revoke the former conveyance expressly declared. § 5. If a conveyance to a purchaser, under either of the two last Id. preceding sections, shall be made, before the person making the same shall be entitled to execute his power of revocation, it shall nevertheless be valid, from the time the power of revocation shall actually vest in such person, in the same manner and to the same extent as if then made. to convey terests in § 6. No estate or interest in lands, other than leases for a term not Requisites exceeding one year, nor any trust or power, over or concerning certain inlands, or in any manner relating thereto, shall hereafter be created, lands. granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing. 55 N. Y., 661; 7 J. & S., 389; 62 N. Y., 31; 64 Barb., 434; 1 Abb. Ct. App. Dec., 36; 60 [1 R. L., 75, §§ 9, 10 and part of § 12.] nor to [135] tion of last section. 30 How. Pr. N. Y., 547; § 7. The preceding section shall not be construed to affect in any Qualifica manner the power of a testator in the disposition of his real estate by a last will and testament; nor to prevent any trust from arising or being extinguished, by implication or operation of law; prevent any declaration of trust from being proved by any writing subscribed by the party declaring the same; nor to prevent, after a fine shall have been levied, the execution of a deed or other instrument in writing, declaring the uses of such fine. [Thus amended by L. 1860, ch. 322.] [1 R. L., 75, part of §§ 12, 13 and 14.] § 8. Every contract for the leasing for a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party, by whom the lease or sale is to be made. 52 N. Y., 494; 45 N. Y., 594; 43 N. Y., 550; 40 N. Y., 498; 36 N. Y., 539; 1 Lans., 284; 8 Barb., 262; 38 How. Pr. 43 Hun, 294. Contracts sell land. to lease or |