Section 209. Powers incidental to jurisdiction of the court The court has power: 1  


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  • 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.