Section 254. Service of citation  


Latest version.
  • A citation to the persons interested must
      be served on all parties, other than the petitioner, who are  interested
      in the fund, including sureties of the committee or conservator; but the
      court  may,  in  its  discretion,  dispense  with  the  service  on such
      incompetent person or conservatee, and,  if  the  time  limited  by  due
      advertisement for presentation of claims has expired before the issue of
      citation, creditors who have not duly presented their claims need not be
      served.  The  court  may, by order, direct such citation to be served on
      creditors who have presented claims accompanied by post-office  address,
      as  provided  in  section two hundred and fifty, by depositing a copy of
      the same at least twenty days prior to the return  day  thereof  in  the
      post-office  at  the place where such committee or conservator, resides,
      duly inclosed and directed to each of such creditors at the  post-office
      address  specified  by him as provided in section two hundred and fifty,
      with the postage prepaid, and publishing such citation once in each week
      for at least four weeks  prior  to  such  return  day  in  one  or  more
      newspapers  to  be designated by the court as most likely to give notice
      to such creditors. A citation personally served within the county  where
      such  incompetent  person  or  conservatee  resided  at  the time of his
      becoming incompetent  or  incapable  of  managing  his  affairs,  or  an
      adjoining  county,  must be served at least eight days before the return
      thereof; if in any other county, at least fifteen days before the return
      thereof. The court may direct service to be made by publication, when it
      is satisfied by affidavit or verified petition, either that  the  person
      to  be  served  is unknown or that his residence can not, after diligent
      inquiry, be ascertained, or that he can not,  after  due  diligence,  be
      found  within  the state. The order for such service must direct service
      of the citation upon such person to be made by  publication  thereof  in
      one  newspaper  to  be  designated  by  the court as most likely to give
      notice to the person to be served once a week for four weeks, and that a
      copy of the citation be forthwith  deposited  in  the  post-office  duly
      inclosed  and  directed to each person so served at his last known place
      of residence or post-office address, and the postage  paid  thereon,  at
      least  thirty  days  before the return day thereof. When publication has
      been ordered, personal service without the state  made,  if  within  the
      United  States,  at  least thirty days, or without the United States, at
      least forty days before the return day, is equivalent to publication and
      mailing.  Personal  service   on   minors,   incompetent   persons   and
      conservatees shall be made as prescribed by law for service of citations
      issued  by  surrogates for final accounting, and personal service on one
      or two or more creditors, claiming as co-partners or otherwise as  joint
      creditors shall be equivalent to personal services on all, and voluntary
      appearance  either  in  person  or  by  attorney  shall be equivalent to
      personal service, and such appearance may be made by any one claiming an
      interest, though not served, and such person shall  thereupon  become  a
      party to the proceeding.