Decedent Estate Law of the State of New York, Chapter Thirteen of the Consolidated Laws (became a Law February 17, 1909: Chapter 18, Laws of 1909) Together with All Amendments, the Notes of the Board of Statutory Consolidation, Notes of the Original Revisers of the Revised Statutes, the Report of the Commissioners of Statutory Revision on the Originals, and the Full Text of All the Statutes Codified in the Decedent Estate Law, Also, an Introduction, Notes of Judicial Decisions and a Commentary, Historical and Expository, on the Text of the Statutes |
From inside the book
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Page 10
... law of land , " that lands were not devisable at common law . " The common law is in this sense the law recog- nized in the common - law courts which are only a later phase of the earlier King's or feudal courts . But that lands as ...
... law of land , " that lands were not devisable at common law . " The common law is in this sense the law recog- nized in the common - law courts which are only a later phase of the earlier King's or feudal courts . But that lands as ...
Page 11
... law Lex Angliae- which became the fundamental law of this great State , is important . Let us examine , then , in some detail the rise of the theory that at common law lands were not devisable . It will be remembered that the medieval law ...
... law Lex Angliae- which became the fundamental law of this great State , is important . Let us examine , then , in some detail the rise of the theory that at common law lands were not devisable . It will be remembered that the medieval law ...
Page 12
... common law that land in tenure ceased to be devisable in England after the Conquest and remained so until the Statute of Wills.35 Coke and Bacon cer- tainly so state . Yet there is reason to ... common law denies 12 THE DECEDENT ESTATE Law .
... common law that land in tenure ceased to be devisable in England after the Conquest and remained so until the Statute of Wills.35 Coke and Bacon cer- tainly so state . Yet there is reason to ... common law denies 12 THE DECEDENT ESTATE Law .
Page 13
... common law denies him . " 88 The historians fail to state how the common law denies it to him . Is it not possible that these distinguished historians here draw a wrong inference ? Is it likely that charters drawn up by scholars , probably ...
... common law denies him . " 88 The historians fail to state how the common law denies it to him . Is it not possible that these distinguished historians here draw a wrong inference ? Is it likely that charters drawn up by scholars , probably ...
Page 16
... common law pass by the will of the lessee , and apparently without regard to the status of the lessee . Even the King's or the common - law courts always recognized such disposition of lands.58 So it is evident that there was nothing in ...
... common law pass by the will of the lessee , and apparently without regard to the status of the lessee . Even the King's or the common - law courts always recognized such disposition of lands.58 So it is evident that there was nothing in ...
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Common terms and phrases
affd alienation amended apply attesting witnesses Barb bequeath Bradf brothers and sisters canon canon law chap chapter charitable child Civil Procedure Code Civ Code of Civil codicil collateral common law contingent remainders conveyance corporations cross-remainders death deceased Decedent Estate Law descendants devise or bequest disposition doctrine of lapse domicile ecclesiastical enacted English law entitled executed Executors father fee simple feudal Fowler's Real Prop heirs Hist infra inheritance intestate issue jurisdiction Kent Comm lands Law 3d law of England legatee limitation Lovelass Matter Misc mother old law Paige personal property personalty presumption prior probate provisions re-enacted real estate Real Property Law record regulating relating Repealed Revised Statutes revoked Roman law rule rule against perpetuities Smith Statute of Distributions Statute of Frauds Supra surrogates take effect tate Law tenants testament testamentary testator's thereof tion trust valid vested Wend York
Popular passages
Page 242 - No will in writing, except in the cases hereinafter mentioned, nor any part thereof, shall be revoked, or altered, otherwise than by some other will in writing, or some other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which the will itself was required by law to be executed...
Page 520 - For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrong-doer, such action may be brought by the person injured, or after his death, by his executors or administrators...
Page 323 - debts " includes every claim and demand, upon which a judgment for a sum of money, or directing the payment of money, could be recovered in an action; and the word
Page 102 - There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.
Page 212 - ... be entitled to recover the same portion from the devisees and legatees, in proportion to and out of the parts devised and bequeathed to them by such will.
Page 199 - The witnesses to any will, shall write opposite to their names their respective places of residence; and every person who shall sign the testator's name to any will by his direction, shall write his own name as a witness to the will.
Page 195 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense, and where his words so interpreted are sensible with reference to extrinsic circumstances, it is an inflexible rule of construction that the words of the will shall be interpreted in their strict and primary sense, and in no other, although they may be capable of some popular or secondary interpretation...
Page 211 - Whenever a testator shall have a child born after the making of a last will, either in the lifetime or after the death of such testator...
Page 148 - A contingent remainder in fee, may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited, shall die under the age of twenty-one years, or upon any other contingency, by which the estate of such persons may be determined before they attain their full age.
Page 91 - ... part of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of one-half, and no more.