New York Court Acts|SECTION 209

                                                

§ 209. Powers incidental to jurisdiction of the court

The court has power:

1. To open, vacate, modify or set aside any decree or order of the
court directing distribution of the property of an estate which was made
prior to the probate of and without knowledge of a will which affects
such distribution, and in the same or a different proceeding, and on
notice to the persons or the fiduciaries of the persons to whom the
property has been distributed, to make such further and different
direction as to such distribution as justice may require, and as an
incident thereto, order the refund of any property theretofore
distributed erroneously.

2. To sign any decision, decree or order, with its usual signature or
initials, and all decisions, decrees or orders heretofore or hereafter
so signed shall be valid and binding.

3. To transfer for trial in the surrogate's court having jurisdiction
any action or proceeding pending in any court other than the supreme
court, which affects or relates to the administration of an estate and
to receive for trial any such action or proceeding pending in the
supreme court which may by order of the latter court be transferred to
the surrogate's court on the prior order of that court and to transfer
any action or proceeding other than one which has been previously
transferred to it or which affects or relates to the administration of
an estate, to any other court, except the supreme court, having
jurisdiction of the subject matter in any other judicial district or
county provided such other court has jurisdiction over the classes of
persons named as parties.

4. To determine a decedent's interest in any property claimed to
constitute a part of his gross estate subject to estate tax, or to be
property available for distribution under his will or in intestacy or
for payment of claims, and to determine the rights of any persons
claiming an interest therein, as against the decedent, or as between
themselves, and to construe any instruments made by him affecting such
property.

5. To settle the account of a fiduciary of a common trust fund as
provided in the banking law.

6. To determine any and all matters relating to lifetime trusts.

7. To entertain a proceeding under EPTL 8-1.1.

8. To dismiss any proceeding which the petitioner has neglected to
prosecute diligently.

9. To determine any unfinished business pending before its predecessor
in office and to sign or certify papers or records left uncompleted or
unsigned by its predecessor.

10. In the exercise of its jurisdiction, the court shall have all of
the powers that the supreme court would have in like actions and
proceedings including, but not limited to, such incidental powers as are
necessary to carry into effect all powers expressly conferred herein.

11. The enumeration of powers herein shall not be deemed exclusive.