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 |
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Page 44
... person and not a deceased person . ' But by a curious legal usage the word has come to signify instead of a living person a deceased person only , and this perverted usage is now extensively sanctioned by authority , especially that of ...
... person and not a deceased person . ' But by a curious legal usage the word has come to signify instead of a living person a deceased person only , and this perverted usage is now extensively sanctioned by authority , especially that of ...
Page 50
... persons , except idiots , persons of unsound mind and infants , may devise their real estate , by a last will and ... person de non - sane memory shall not be taken to be good or effectual in the law . " 38 Before proceeding to the ...
... persons , except idiots , persons of unsound mind and infants , may devise their real estate , by a last will and ... person de non - sane memory shall not be taken to be good or effectual in the law . " 38 Before proceeding to the ...
Page 54
... persons may devise . Under that section all persons may devise except idiots , persons of un- sound mind , and infants . The permission of the statute is general ; the exceptions only are specific . It will be found that the early ...
... persons may devise . Under that section all persons may devise except idiots , persons of un- sound mind , and infants . The permission of the statute is general ; the exceptions only are specific . It will be found that the early ...
Page 55
... person of unsound mind . is one non compos mentis.5 + Persons non compos mentis in law are : ( 1 ) Idiots . ( 2 ) He that by sickness , grief or other acci- dent wholly loses his memory and understanding . ( 3 ) A lunatic that hath ...
... person of unsound mind . is one non compos mentis.5 + Persons non compos mentis in law are : ( 1 ) Idiots . ( 2 ) He that by sickness , grief or other acci- dent wholly loses his memory and understanding . ( 3 ) A lunatic that hath ...
Page 56
... persons within legal age states , that full age in male or female is only a matter of positive law — juris positivi . In this announce- ment he is exact , for a person might be of legal age for one purpose some years before he became of ...
... persons within legal age states , that full age in male or female is only a matter of positive law — juris positivi . In this announce- ment he is exact , for a person might be of legal age for one purpose some years before he became of ...
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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.