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tate who shall have died leaving issue had been living, and so that there shall be distributed to such descendants in whatever degree, collectively, the share which their parent would have received if living; and the same rule shall prevail as to all direct lineal decendants of every brother and sister of the intestate whenever such descendants are of unequal degrees.
6. If the deceased leave no children and no representatives of them, and no father, and leave a widow and a mother, the half not distributed to the widow shall be distributed in equal shares to his mother and brothers and sisters, or the representatives of such brothers and sisters; and if there be no widow, the whole surplus shall be distributed in like manner to the mother, and to the brothers and sisters, or the representatives of such brothers and sisters.
7. If the deceased leave a father and no child or descendant, the father shall take one-half if there be a widow, and the whole, if there be no widow.
8. If the deceased leave a mother, and no child, descendant, father, brother, sister, or representative of a brother or sister, the mother, if there be a widow, shall take one-half; and the whole, if there be no widow.
9. If the deceased was illegitimate and leave a mother, and no child, or descendant, or widow, such mother shall take the whole and shall be entitled to letters of administration in exclusion of all other persons. If the mother of such deceased be dead, the relatives of the deceased on the part of the mother shall take in the same manner as if the deceased had been legitimate, and be entitled to letters of administration in the same order.
10. Where the descendants, or next of kin of the deceased, entitled to share in his estate, are all in equal degree to the deceased, their shares shall be equal.
. 11. When such descendants or next of kin are of unequal degrees of kindred, the surplus shall be apportioned among those entitled thereto, according to their respective stocks; so that those who take in their own rights shall receive equal shares, and those who take by representation shall receive the share to which the parent whom they represent, if living, would have been entitled.
12. No representation shall be admitted among collaterals after brothers and sisters descendants. This subdivision shall not ap
ply to the estate of a decedent who shall have died prior to May eighteenth, nineteen hundred and five.
13. Relatives of the half-blood shall take equally with those of the whole blood in the same degree; and the representatives of such relatives shall take in the same manner as the representatives of the whole blood.
14. Descendants and next of kin of the deceased, begotten before his death, but born thereafter, shall take in the same manner as if they had been born in the lifetime of the deceased, and had survived him.
15. If a woman die, leaving illegitimate children, and no lawfel issue, such children inherit her personal property as if legitimate.
15-a. If there be no husband or wife surviving and no children, and no representatives of a child, and no next of kin, then the whole surplus shall be allotted to a surviving child of the husband or wife of the deceased, or if there be more than one, it shall be distributed equally among them. (This subdivision added by L. 1913, ch. 489, in effect May 14, 1913.)
16. If there be no husband or wife surviving and no children, and no representatives of a child. and no next of kin, and no child or children of the husband or wife of the deceased, then the whole surplus shall be distributed equally to and among the next of kin of the husband or wife of the deceased, as the case may be, and such next of kin shall be deemed next of kin of the deceased for all the purposes specified in this article or in chapter eighteen of the code of civil procedure; but such surplus shall not, and shall not be construed to, embrace any personal property except such as was received by the deceased from such husband or wife, as the case may be, by will or by virtue of the laws relating to the distribution of the personal property of the deceased person. (Amended by L. 1913, ch. 489, in effect May 14, 1913.)
Derivation: Code Civil Procedure, § 2732. Second sentence in subd. 12, is L. 1905, ch. 539, § 2, as amended by L. 1909, ch. 240, § 14, in effect April 22, 1909.
99. Advancements of personal estates.
f any child of such deceased person have been advanced by the deceased, by settlement or portion of real or personal property, the value thereof shall be reckoned with that part of the surplus of the personal property, which remains to be distributed among the children; and if such advancement be equal or superior to the amount, which, according to the preceding section, would be distributed to such child, as his share of such surplus and advancement, such child and his descendants shall be excluded from any share in the distribution of the surplus. If such advancement be not equal to such amount, such child, or his descendants, shall be entitled to receive so much only, as is sufficient to make all the shares of all the children, in such surplus and advancement, to be equal, as near as can be estimated. The maintaining or educating, or the giving
of money to a child, without a view to a portion or settlement in life, shall not be deemed an advancement, within the meaning of this section, nor shall the foregoing provisions of this section apply in any case where there is any real property of the intestate to descend to his heirs.
Derivation: Code Civil Procedure, § 2733. For remainder of section, see Code Civil Procedure, § 2733.
§ 100. Estates of married women.
The provisions of this article respecting the distribution of property of deceased persons apply to the personal property of deceased married women. The husband of any such deceased married woman shall be entitled to the same distributive share in the personal property of his wife to which a widow is entitled in the personal property of her husband by the provisions of this article and no more. (Amended by L. 1919, ch. 295, in effect May 3, 1919.) Derivation: Code Civil Procedure, § 2734.
§ 101. Liability of heirs and devisees for funeral expenses and debt of decedent.
(Amended by L. 1919, ch. 91; repealed and re-enacted as § 176, post, by L. 1920, ch. 919, in effect April 15, 1921.)
Derivation: Code Civil Procedure, § 1843.
§ 102. Liability of heir or devisee not affected where will makes specific provision for payment of debt.
(Repealed and re-enacted as § 192, post, by L. 1920, ch. 919, in effect April 15, 1921.)
Derivation: Code Civil Procedure, § 1859
§ 103. Action against husband for debts of deceased wife.
If a surviving husband does not take out letters of administration on the estate of his deceased wife, he is presumed to have assets in his hands sufficient to satisfy her debts, and is liable therefor. A husband is liable as administrator for the debts of his wife only to the extent of the assets received by him. If he dies leaving any assets of his wife unadministered, except as otherwise provided by law, they pass to his executors or administrators as part of his personal property, but are liable for her debts in preference to the creditors of the husband.
Derivation: Code Civil Procedure, § 2660. For remainder of section, see Code Civil Procedure, § 2660. Amended by L. 1909, ch. 240, § 15, in effect April 22, 1909.
§ 104. 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 ninety-eight to one hundred, both inclusive, and section one hundred and three, of this chapter. (Added by L. 1909, ch. 240, § 16, in effect April 22, 1909.)
EXECUTORS, ADMINISTRATORS AND TESTAMENTARY TRUSTEES.
SECTION 110. Sales of real estate by executors under authority of will.
111. Investment of trust funds.
112. Executors de son tort abolished.
113. Special promise to answer for debt of testator or intestate. 114. Liability of executors and administrators of executors and administrators.
115. Rights of administrators de bonis non.
116. Actions upon contract by and against executors.
120. Actions for wrongs, by or against executors and administrators.
§ 110. Sales of real estate by executors under authority of will.
Sales of real estate situate within the state of New York, made by executors in pursuance of an authority given by any last will, unless otherwise directed in such will, may be public or private and on such terms as in the opinion of the executor shall be most advantageous to those interested therein.
Derivation: L. 1883, ch. 65, § 1.
§ 111. Investment of trust funds.
An executor, administrator, trustee or other person holding trust funds for investment may invest the same in the same kind of securities as those in which savings banks of this state are by law authorized to invest the money deposited therein, and the income derived therefrom, and in bonds and mortgages on unincumbered real property in this state worth fifty per centum more than the amount loaned thereon, and in shares or parts of such bonds and mortgages, provided that any share or part of such bond and mortgage so held shall not be subordinate to any other shares thereof and shall not be subject to any prior interest therein, and provided further that bonds and mortgages in parts of which any fiduciary may invest trust funds together with any guaranties of payment, insurance policies and other instruments and evidences of title relating thereto shall be held for the benefit of such fiduciary and of any other persons interested in such bonds and mortgages by a trust company title guaranty corporation organized under the laws of this state, and that a certificate setting forth that such corporation holds such instruments for the benefit of such fiduciary and of any other persons who may be interested in such bond and mortgage among whom the corporation holding such instruments may be included, be executed by such corporation and delivered to each person who becomes interested in such bond and mortgage. Every corporation issuing any such certificate -hall keep a record in proper books of account of all certificates