§ 1716 — Application for ancillary letters to foreign guardians 1

§ 1716. Application for ancillary letters to foreign guardians\n 1. Where an infant is domiciled within a state of the United States\nother than this state, or the District of Columbia, the Commonwealth of\nPuerto Rico or a territory or possession of the United States and is\nentitled to property within the state or to maintain an action or\nspecial proceeding in any court thereof, a guardian of his property to\nwhom letters have been issued by a court of competent jurisdiction\nwithin the foreign state, the District of Columbia, the Commonwealth of\nPuerto Rico, or a territory or possession of the United States where the\ninfant is domiciled, and has there given security in at least the value\nof the personal property and of the rents and profits of the real\nproperty of the infant, may present to the surrogate's court having\njurisdiction, a petition showing the facts and particularly whether or\nnot there are any debts due or to become due from the infant to a\ndomiciliary and that the security given is sufficient to cover the\nproperty sought to be obtained through such letters and that the court\nhas jurisdiction of the infant and praying for ancillary letters of\nguardianship accordingly.\n 2. The petition must be accompanied with exemplified copies of the\nrecords and other papers showing that he has been so appointed and has\ngiven the security required in this section, which must be authenticated\nin the manner prescribed by the CPLR. The petition and authenticated\nrecords and papers shall be conclusive evidence of the facts therein set\nforth in any court of this state.\n 3. Any corporate banking institution in any state, the District of\nColumbia, the Commonwealth of Puerto Rico or a territory or possession\nof the United States not entitled of right under section 131 of the\nbanking law to receive such letters may nevertheless be authorized to\nreceive them upon giving the bond which the court may require.\n 4. Where a non-domiciliary infant resides in a foreign country and is\nentitled to property within the state or to maintain an action or\nspecial proceeding in any court thereof respecting such property, a\nguardian of his property authorized to act as such within the domicile\nof the infant may apply to the surrogate's court of the county where the\nproperty or any part thereof is situate, for ancillary letters of\nguardianship on the estate of the infant and the person so authorized\nmust present a petition showing the facts and the additional allegations\nregarding debts and security required by subdivision 1 and praying for\nancillary letters. The petition must be accompanied with the\nauthenticated copies of the records and other papers showing the\nappointment of the petitioner or where the foreign guardian has not been\nappointed by any court, with other proof of his authority to act as\nguardian within the foreign country and also with proof that pursuant to\nthe laws of the foreign country he is entitled to the possession of the\ninfant's personal estate. Authenticated copies of the records where used\npursuant to this subdivision must be authenticated by the seal of the\ncourt or officer by which or by whom he was appointed or by the officer\nhaving the custody of the seal or the record thereof and the signature\nof a judge of such court or the signature of such officer and of the\nclerk of such court, if any, and must be further authenticated by the\ncertificate under the principal seal of the department of foreign\naffairs or of the department of justice of such country, attested by the\nsignature or seal of a United States consul. The petition and\nauthenticated records and papers shall be conclusive evidence of the\nfacts therein set forth in any court of this state.\n