other newspaper published in the same or another county, as he deems proper, for the purpose of giving notice to the persons intended to be served or notified. If no newspaper is published in the county, the citation, notice, or other paper, must be published in the newspaper printed at Albany, in which legal notices are required by law to be published. L. 1874, ch. 437 (9 Edm. 918); 2 R. S. 107, part of § 40 (2 Edm. 111). 2536. The same.- In either of the following cases, a citation, notice or other paper, directed to be published by a provision of this chapter, or by an order made pursuant to such a provision, must, in addition to the publication thereof, made as prescribed in the last section, be published in the newspaper printed at Albany, in which legal notices are required by law to be published. 1. Where the special proceeding is instituted in the surrogate's court of the county of New-York, or of the county of Kings, or the order for publication is made by the surrogate of either of those counties. 2. Where the special proceeding relates to the estate of the decedent, and the order directs the additional publication therein. Such a direction may be given, in the discretion of the surrogate, where the person upon whom the service is to be made, or to whom notice is to be given, is not a resident of the State. But where it affirmatively appears, from the papers upon which the order is granted, or from the papers then on file in the surrogate's court, relating to the same estate, that the property of the decedent, or, if the special proceeding relates to a portion only of the property, that the portion to which it relates, does not exceed two thousand dollars in value, the order may, in the discretion of the surrogate, direct the publication required by this section to be made gratuitously; in which case, that newspaper must make the publication without charge. L. 1874, ch. 437, 1 (9 Edm. 918), amended. § 2537. Money paid into court and securities taken; how disposed of. Where a statute requires the pay. ment of money into the surrogate's court, or the deposit of a security, for the payment of money, with the surrogate, the same must be paid to or deposited with the county treasurer of the county, to the credit of the fund, or of the estate, or of the special proceeding; unless the surrogate specially directs the payment or deposit to be made to or with himself, or the clerk of the surrogate's court. Where the surrogate or the clerk of the surrogate's court so receives money or a security, he must, within four days thereafter, pay the money to, or deposit the security with, the county treasurer of the county; unless the statute contains special directions for another disposition thereof. Each security, so deposited with the county treasurer, must be held and disposed of by him, subject to the direction of the surrogate's court; except that he must, unless otherwise so directed, collect the principal and interest secured thereby. All money collected by, or paid to the county treasurer, as prescribed in this section, must be held, managed, invested, and disposed of by him, in like manner as money paid into the supreme court in an action pending therein. The regulations, contained in the general rules of practice, as specified in section 744 of this act, and the provisions of title third of chapter eighth of this act, apply to money paid to and securities deposited with the county treasurer, as prescribed in this section; except that the surrogate's court exercises. with respect thereto, or with respect to a security, in which any of the money has been invested, or upon which it has been loaned, the power and authority con. ferred upon the supreme court by section 747 of this act. New. Disbrow v. Mills, 62 N. Y. 604. § 2538. Certain provisions made applicable to proceedings in surrogates' courts. Except where a contrary intent is expressed in, or plainly implied from the context of, a provision of this chapter, the following portion of this act, to wit: title first, and articles third and fourth of title sixth, of chapter eighth, and articles first and second of title third of chapter ninth, apply to surrogates' courts and to the proceedings therein, so far as they can be applied to the substance and subject-matter of a proceeding, without regard to its form. New. L. 1837, ch. 460, 77 (4 Edm. 501); 2 R. S. 221,6 (2 Edm. 230). ARTICLE SECOND. HEARING; INCLUDING TRIAL BY JURY AND REFERENCE. SEC. 2539. Testimony of aged, sick, or infirm witness. 2510. Id.; in another county. 2541. Duty of stenographer. 2542. How minutes of testimony authenticated. 2543. Id.; to be bound in volumes, etc. 2544. Bequest, etc., does not disqualify, etc., witness. 2546. Surrogate may refer question of fact, or account. 2548. Id.; how reviewed. 2519. Appeal from order thereupon. § 2539. Testimony of aged, sick, or infirm witness.— Upon the application of a party to a special proceeding, and upon proof, by affidavit, to the satisfaction of the surrogate, that the testimony of a witness in his county, who is so aged, sick, or infirm, as to be unable to attend before him to be examined, is material and necessary to the applicant, the surrogate must, where the special proceeding was instituted to procure the probate or revocation of probate of a will, and in any other case, may, in his discretion, proceed to the place where the witness is, and there, as in open court, take his examination. Such a notice of the time and place of taking the examination, as the surrogate prescribes, must be given, by the party applying therefor, to each other party, except to a party who has failed to appear as required by the citation. The surrogate may also, in his discretion, require notice to be given to any other person interested. L. 1837, ch. 460, 12 (4 Edm. 489), amended; L. 1811, ch. 129, 1, 2, 3 (4 Edm. 501). § 2540. Id.; in another county. In a case specified in the last section, except that the witness is in another county, if the surrogate has good reason to believe that the witness cannot attend before him, within a reasonable time, to which the hearing may be adjourned, he may make an order, directing that the witness be examined before the surrogate of the county in which he is; specifying a day, on or before which a certified copy of the order must be delivered to the latter surrogate; and directing notice of the examination to be given to such persons, and in such manner, as he thinks proper. A copy of the order, attested by the seal of the surrogate's court, must be transmitted by him to the surrogate designated in the order, together with the original will, where the testimony relates to the execution of a written will. The latter surrogate must, thereupon, on the day specified in the order, or on another day to which he may adjourn the examination, take the examination of the witnesses, as if he possessed original jurisdiction of the special proceeding. The examination, after it is reduced to writing and subscribed by the witness, or otherwise duly authenticated, together with a statement of the proceedings upon the execution of the order, must be certified by the surrogate taking the examination, attested by the seal of his court, and returned without delay, with the original will, if any, to the surrogate who directed the examination, by whom all those papers must be filed. An examination so taken has the same effect, as if it was taken before the latter sur rogate. Id., 13, 14 and 15. 2541. Duty of stenographer. The stenographer of a surrogate's court must, under the direction of the surrogate, take full stenographic notes of all proceedings, in which oral proofs are given, except where the surro gate otherwise directs. The testimony must be legibly written out at length by him, from his notes; and the minutes thereof, as so written out, must, after being authenticated, as prescribed in the next section, be filed in the surrogate's office. L. 1871, ch. 874, part of 1 (9 Edm. 231), amended; see Code of Proc., $256. 2542. How minutes of testimony authenticated.— The minutes of testimony, written out as prescribed in the last section, or taken by the surrogate, or under his direction, while the witness is testifying, must, before being filed, be authenticated by the signature of the surrogate, or the clerk of the surrogate's court, to the effect that they are correct. L 1877, ch. 206, 3, amended. - 2543. Id.; to be bound in volumes, etc. In the city and county of New-York, in the county of Kings, and in any other county where the supervisors so direct, the minutes of testimony written out by the stenographer must be bound, at the expense of the county, in volumes of convenient size and shape, indorsed "Stenographic minutes ", and numbered consecutively. Upon the record of a decree made in any contested matter, the surrogate must cause to be made a minute, referring to each volume of the stenographic minutes, and to the pages thereof, containing any testimony relating to the matter. L. 1877, ch. 206, }} 1 and 2; Code of Proc., 256. ness. § 2544. Bequest, etc., does not disqualify, etc., witA person is not disqualified or excused from testifying respecting the execution of a will, by a provision therein, whether it is beneficial to him or otherwise. Substitute for 2 R. S. 57, 65, 6, and part of 50 (2 Edm. 65). Caw v. Robertson, 5 N. Y. 215; Smith's Estate, 1 Tuck. 83; Reeve r. Crosby, 3 Redf. 74; Children's Aid Society v. Loveridge, 70 N. Y. 387; Cornwell. Wooley, 1 Abb. Ct. App. Dec. 441; s. c., 47 Barb. 327: Pruyn . Brinkerhoff, 7 Abb. N. S. 400; 57 Barb. 176; Burrett v. Silliman, 13 N. Y. 93. § 2545. Exceptions upon a trial.—An exception may be taken to a ruling by a surrogate, upon the trial by him of an issue of fact, including a finding, or a refusal to find, upon a question of fact, in a case where such an exception may be taken to a ruling of the court upon a trial, without a jury, of an issue of fact, as prescribed in article third of title first of chapter tenth of this act. The provisions of that article, relating to the manner and effect of taking such an exception, and the settlement of a case containing the exceptions, apply to such a trial before a surrogate; for which purpose, the decree is regarded as a judgment, and notice of an exception may be filed in the surrogate's office. Upon such a trial, the surrogate must file in his office his decision in writing, which must state, separately, the facts found and the conclusions of law. Either party may, upon the settlement of a case, request a finding upon any question of fact, or a ruling upon any ques tion of law; and an exception may be taken to such a finding or ruling, or to a refusal to find or rule accordingly. An appeal from a decree or an order of a surrogate's court brings up for review, by each court to which the appeal is carried, each decision, to which an |