§ 254 — Service of citation

§ 254. Service of citation. A citation to the persons interested must\nbe served on all parties, other than the petitioner, who are interested\nin the fund, including sureties of the committee or conservator; but the\ncourt may, in its discretion, dispense with the service on such\nincompetent person or conservatee, and, if the time limited by due\nadvertisement for presentation of claims has expired before the issue of\ncitation, creditors who have not duly presented their claims need not be\nserved. The court may, by order, direct such citation to be served on\ncreditors who have presented claims accompanied by post-office address,\nas provided in section two hundred and fifty, by depositing a copy of\nthe same at least twenty days prior to the return day thereof in the\npost-office at the place where such committee or conservator, resides,\nduly inclosed and directed to each of such creditors at the post-office\naddress specified by him as provided in section two hundred and fifty,\nwith the postage prepaid, and publishing such citation once in each week\nfor at least four weeks prior to such return day in one or more\nnewspapers to be designated by the court as most likely to give notice\nto such creditors. A citation personally served within the county where\nsuch incompetent person or conservatee resided at the time of his\nbecoming incompetent or incapable of managing his affairs, or an\nadjoining county, must be served at least eight days before the return\nthereof; if in any other county, at least fifteen days before the return\nthereof. The court may direct service to be made by publication, when it\nis satisfied by affidavit or verified petition, either that the person\nto be served is unknown or that his residence can not, after diligent\ninquiry, be ascertained, or that he can not, after due diligence, be\nfound within the state. The order for such service must direct service\nof the citation upon such person to be made by publication thereof in\none newspaper to be designated by the court as most likely to give\nnotice to the person to be served once a week for four weeks, and that a\ncopy of the citation be forthwith deposited in the post-office duly\ninclosed and directed to each person so served at his last known place\nof residence or post-office address, and the postage paid thereon, at\nleast thirty days before the return day thereof. When publication has\nbeen ordered, personal service without the state made, if within the\nUnited States, at least thirty days, or without the United States, at\nleast forty days before the return day, is equivalent to publication and\nmailing. Personal service on minors, incompetent persons and\nconservatees shall be made as prescribed by law for service of citations\nissued by surrogates for final accounting, and personal service on one\nor two or more creditors, claiming as co-partners or otherwise as joint\ncreditors shall be equivalent to personal services on all, and voluntary\nappearance either in person or by attorney shall be equivalent to\npersonal service, and such appearance may be made by any one claiming an\ninterest, though not served, and such person shall thereupon become a\nparty to the proceeding.\n