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testamentary or of letters of administration, granted in any other state or in any territory of the United States, and of the proofs or of any statement of the substance of the proofs of any such will, or of the record of any such will, letters, proofs or statement, to be recorded or used in this state as provided in article seventh of title third of chapter eighteenth of the code of civil procedure or in section forty-four of this chapter, such copy must be authenticated by the seal of the court or officer by which or whom such will was admitted to probate or such letters were granted, or having the custody of the same or of the record thereof, and the signature of a judge of such court or the signature of such officer and of the clerk of such court or officer if any; and must be further authenticated by a certificate under the great or principal seal of such state or territory, and the signature of the officer who has the custody of such seal, to the effect that the court or officer by which or whom such will was admitted to probate or such letters were granted, was duly authorized by the laws of such state or territory to admit wills to probate or to grant letters testamentary or of administration and to keep the same and records thereof; that the seal of such court or officer affixed to such copy is genuine, and that the officer making such certificate under such seal of such state or territory verily believes that each of the signatures attesting such copy is genuine; and to entitle any certificate concerning proofs accompanying the copy of the will or of the record so authenticated, to be recorded or used in this state, as provided in said article or section, such certificate must be under the seal of the court or officer by which or whom such will was admitted to probate, or having the custody of such will or record, and the signature of a judge or the clerk of such court, or the signature of such officer, authenticated by a certificate under such great or principal seal of such state or territory, and the signature of the officer having the custody thereof, to the effect that the seal of the court or officer affixed to such certificate concerning proofs is genuine, and that such officer making such certificate under such seal of such state or territory, verily believes that the signature to such certificate concerning proofs is genuine. To entitle a copy of a will admitted to probate or of letters testa-. mentary, or of letters of administration, granted in a foreign country, and of the proofs or of any statement of the substance of the proofs of any such will, or of the record of any such will, letters, proofs or statement, to be recorded or used in this state,

as provided in said article or section, such copy must be authenticated in the manner prescribed by the laws of such foreign country, and must be further authenticated by a certificate of a judge of a court of record or by the chief officer of the department of justice of such foreign country to the effect that such authentication is in conformity with the laws of such foreign country, and that the court or officer by which or by whom such will was so admitted to probate, or such letters were granted, was duly authorized by the laws of such foreign country to admit wills to probate, or to grant letters testamentary or of administration, and to keep the same and records thereof; and the signature and official character of such judge or court of record or of such chief officer of the department of justice shall be attested by a consular officer of the United States, resident in such foreign country, under the seal of his office; and to entitle any certificate concerning proofs accompanying the copy of the will or of the records so authenticated, to be used and recorded in this state, as provided in said article or section, such certificate concerning the proofs must be similarly authenticated and attested.

Derivation: Code Civil Procedure, § 2704. Amended by L. 1909, ch. 340, in effect September 1, 1909.

§ 46. Validity of purchase notwithstanding devise.

The title of a purchaser in good faith and for a valuable consideration, from the heir of a person who died seized of real property, shall not be affected by a devise of the property made by the latter, unless within four years after the testator's death, the will devising the same is either admitted to probate and recorded as a will of real property in the office of the surrogate having jurisdiction, or established by the final judgment of a court of competent jurisdiction of the state, in an action brought for that purpose. But if, at the time of the testator's death, the devisee is either within the age of twenty-one years, or insane, or imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life; or without the state; or, if the will was concealed by one or more of the heirs of the testator, the limitation. created by this section does not begin until after the expiration of one year from the removal of such a disability, or the delivery of the will to the devisee or his representative, or to the proper surrogate.

Derivation: Code Civil Procedure, § 2628.

§ 47. Validity and effect of testamentary dispositions.

The validity and effect of a testamentary disposition of real property, situated within the state, or of an interest in real property so situated, which would descend to the heir of an intestate, and the manner in which such property or such an interest descends, where it is not disposed of by will, are regulated by the laws of the state, without regard to the residence of the decedent. Except where special provision is otherwise made by law, the validity and effect of a testamentary disposition of any other property situated within the state, and the ownership and disposition of such property, where it is not disposed of by will, are regulated by the laws of the state or country, of which the decedent was a resident, at the time of his death. Whenever a decedent, being a citizen of the United States or a citizen or a subject of a foreign country, wherever resident, shall have declared in his will and testament that he elects that such testamentary disposition shall be construed and regulated by the laws of this state, the validity and effect of such depositions shall be determined by such laws. (Amended by L. 1911, ch. 244; L. 1918, ch. 186, in effect April 11, 1918.) Derivation: Code Civil Procedure, § 2694.

§ 48. Application of certain sections in this article.

Section twenty-five hundred and fourteen of the code of civil procedure is applicable to the provisions of sections twenty-three to twenty-five, both inclusive, and sections forty-two to forty-seven, both inclusive, of this chapter.

Added by L. 1909, ch. 240, § 16, in effect April 22, 1909.

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ARTICLE 3.

DESCENT AND DISTRIBUTION.

SECTION 80. Definitions and use of terms; effect of article.
81. General rule of descent.

82. Lineal descendants of equal degree.

83. Lineal descendants of unequal degree.

84. When father inherits.

85. When mother inherits.

86. When collateral relatives inherit; collateral relatives of equal degree.

87. Brothers and sisters and their descendants.

88. Brothers and sisters of father and mother and their de

scendants and grandparents.

89. Illegitimate children.

90. Relatives of the half-blood.

91. Relatives of husband or wife.

92. Cases not hereinbefore provided for.

93. Posthumous children and relatives.

94 Inheritance, sole or in common.

95. Alienism of ancestor.

96. Advancements of real and personal estates.

97. How advancement adjusted.

98. Distribution, of personal property of decedent.

99. Advancements of personal estates.

100. Estates of married women.

101. Liability of heirs and devisees for funeral expenses and debt of decedent. [Repealed.]

102. Liability of heir or devisee not affected where will makes specific provision for payment of debt. [repealed.]

103. Action against husband for debts of deceased wife.
104. Application of certain sections in this article.

§ 80. Definitions and use of terms; effect of article.

1. The term "real property" as used in this article, includes every estate, interest and right, legal and equitable, in lands, tenements and hereditaments, except such as are determined or extinguished by the death of an intestate, seized or possessed thereof, or in any manner entitled thereto; leases for years, estates for the life of another person; and real property held in trust, not devised by the beneficiary. "Inheritance" means real property as herein defined, descended according to the provisions of this article.

2. The expressions "Where the inheritance shall have come to the intestate on the part of the father" or "mother," as the caso may be, include every case where the inheritance shall have come to the intestate by devise, gift or descent from the parent referred to, or from any relative of the blood of such parent.

3. When in this article a person is described as "living," it means living at the time of the death of the intestate from whom the descent came; when he is described as having " died," that he died before such intestate.

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4. This article does not affect a limitation of an estate by deed or will, or tenancy by the courtesy or dower.

Derivation: Real Property Law, L. 1896, ch. 547, § 280.

§ 81. General rule of descent.

The real property of a person who dies without devising the same shall descend:

1. To his lineal descendants.

2. To his father.

3. To his mother; and

4. To his collateral relatives, as prescribed in the following sections of this article.

Derivation: Real Property Law, L. 1896, ch. 547, § 281.

§ 82. Lineal descendants of equal degree.

If the intestate leave descendants in the direct line of lineal descent, all of equal degree of consanguinity to him, the inheritance shall descend to them in equal parts however remote from him the common degree of consanguinity may be.

Derivation: Real Property Law, L. 1896, ch. 547, § 282.

§ 83. Lineal descendants of unequal degree.

If any of the descendants of such intestate be living, and any be dead, the inheritance shall descend to the living, and the descendants of the dead, so that each living descendant shall inherit such share as would have descended to him had all the descendants in the same degree of consanguinity who shall have died leaving issue been living; and so that issue of the descendants who shall have died shall respectively take the shares which their ancestors would have received.

Derivation: Real Property Law, L. 1896, ch. 547, § 283.

§ 84. When father inherits.

If the intestate die without lawful descendants, and leave a father, the inheritance shall go to such father, unless the inheritance

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