Bender's Selected Statutes of the State of New York as Amended to Close of ...

CONSOLIDATOR'S NOTES TO TEXT OF

DECEDENT ESTATE LAW.

1. Upon examining the revised statutes it was found that there were certain provisions relating to wills that had never been consolidated in any "General Law." They could not be assigned appropriately to any of the present general laws. They were substantive in character and there was an obvious objection to inserting them in the code which was already overburdened with provisions of a substantive nature. Some new "Consolidated Law" was therefore necessary. A "Wills Law" had been suggested, but this term, while adequate for the matter coming from the revised statutes was not broad enough to cover substantive provisions of a related character that should be removed from the code. The term "Decedent Estate Law" was selected therefore both as suggestive of the contents of the new law and general enough in its terms to include matter relating to wills as well as executors and administrators and kindred topics of a substantive character here assembled.

Throughout this chapter references in sections have been changed where necessary to preserve the original application of the sections as they existed in the Revised Statutes, the Code of Civil Procedure or in other statutes. The reason for every such change is seen at a glance and hence a separate note is not made in each instance.

2. Sec. 2.-Substantially the same definition of the word "will" is given in the Code of Civil Procedure, Sec. 2514, subd. 4, but, that is only for the purpose of construing the provisions of the code."

3. Art. 2.-Most of the provisions of this article come from the Revised Statutes with such provisions from the code as were found applicable. So far as possible the language of the Revised Statutes has been followed in incorporating its provisions in the Decedent Estate Law, so that the force of decisions of the courts upon any provision abstracted from the Revised Statutes might not be impaired. In some cases more apt language might be suggested, but for the reasons stated, no improvement in expression has been attempted. These remarks are also applicable to sections taken from the Code of Civil Procedure and inserted in this chapter.

4. Secs. 18-20.-These sections relate to the limitation on the power of persons to make devises or bequests to corporations created under certain acts heretofore passed. While under these acts no new corporations can be formed in the future the limitations should be noted as affecting gifts to corporations already existing. So far as these acts place a limitation upon the amount of property which can be taken by devise or bequest, they have been inserted in the Membership Corporations Law, as the portions so assigned relate solely to the powers of the corporationg as distinguished from the power of the person making the will.

5. Art. 3.-This article embraces Art. 9 of the Real Property Law,

known as the "Statute of Descents" and sections 2732-2734 of the Code of Civil Procedure, known as the "Statute of Distribution."

6. Secs. 96, 97 and 99.-These sections relating to advancements of real and personal estates are in pari materia and must be read together. See 79 N. Y. 246. The provisions of all three sections were taken from the Revised Statutes and inserted in the Real Property Law and the Code of Civil Procedure in former revisions of the statutes. Section 99 is by its terms inapplicable in a case where there is any real property of the intestate to descend to his heirs.

7. Art. 4.-There are many matters of a more or less substantive character relating to executors and administrators, trustees and appraisers in the Code of Civil Procedure which might have been inserted under this article. It has been deemed best, however, to leave these matters in the Code of Civil Procedure until such time as the Code shall be revised. When that time arrives these provisions can be readily assigned to this article.

8. Sec. 111.-This provision is found in section 9 of the Personal Property Law and for greater convenience in reference has been transferred to the Decedent Estate Law. The reference to guardians has been transferred to Domestic Relations Law. The portion of the section relating to trustees generally has been allowed to remain in the Personal Property Law.

TABLE.

Showing the Provisions of the Revised Statutes, Session Laws, Real Property Law and Code of Civil Procedure which are Consolidated in the Decedent Estate Law.