Sidor som bilder
PDF
ePub

ARTICLE 10.

(Article renumbered by L. 1920, ch. 919, in effect April 15, 1921.)

LAWS REPEALED; WHEN TO TAKE EFFECT.

SECTION 250. Laws repealed.

251. When to take effect.

§ 250. Laws repealed.

Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. (Renumbered by L. 1920, ch. 919, in effect April 15, 1921.)

§ 251. When to take effect.

This chapter shall take effect immediately. (Renumbered by L. 1920, ch. 919, in effect April 15, 1921.)

SCHEDULE OF LAWS REPEALED.

Revised Statutes.... Part 2, chapter 6, title 1, §§ 1-5, 21, 22, 40-53, 69-71

Revised Statutes.... Part 2, chapter 6, title 4, §§ 55, 58
Revised Statutes.... Part 2, chapter 6, title 5, §§ 1-6, 23
Revised Statutes.... Part 3, chapter 7, title 3, §§ 67-70
* Revised Statutes.... Part 3, chapter 8, title 3, §§ 1, 2, 11,

17, 18

Laws of

1787....

1799....

[merged small][merged small][ocr errors]

Chapter

[merged small][merged small][ocr errors][merged small]

1828....

313... .. All

All

1829.

All

1835....

1837...

234...

All

1840....

348.....

1

* Amended by L. 1909, ch. 240, § 93.

Section

All

All

All

All

All

All

All

1, ¶¶ 83, 95, 196, 336, 544 (2d

meet.)

...

Chapter

Laws of
1848........ 319....

1860........ 360........

1865.....

1867....

1869........

1873...

1875....

1875.

1 1876.....

1883...

. 1886....

· 1887....

1887.....

. 1890.....

1891...

368.....

782....

* 1904.......

1904........ 1907...

22.....

397...

267...

343...

118........

315...
317.....

286.....

34........

1893..... .. 100........

1896.....

547........
417.....

1897..

Section

Proviso in 6.

All

Proviso in § 6.

3, 4

All

Proviso in § 5.

Proviso in § 7.
Proviso in 5.

65..

236...... .. Proviso in § 7.

Proviso in 5.

Proviso in 87...

Proviso in § 6.

1, pt. relating to estates of deceased persons.

All

All

All

280-296

9, pt, relating to executors, administrators and other trustees of estates of deceased persons.

1902........ 295........ 1, pt. amending L. 1897, Ch. 417, 9, as to executors, administrators and other trustees of estates of deceased persons. 1903........ 623........ Pt. amending the proviso in L. 1848, Ch. 319, § 6.

106........ All
146........ All
669...

1, pt. amending L. 1897, Ch. 417, 9, as to executors, administrators and other trustees of estates of deceased persons.

Code Civil Procedure 88 1843, 1859, 1868, 2611, 2628, 2633; $2634, to and including words "in his office"; § 2660, words "If a surviving husband" to "creditors of the husband"; §§ 2694, 2703, 2704, 2732; § 2733, except last two sentences; $ 2734.

Added to schedule by L. 1909, ch. 240, § 106.

[ocr errors]
[merged small][ocr errors]

INDEX TO DECEDENT ESTATE LAW.

(REFERENCE IS MADE TO SECTIONS.)

ACTIONS:

by child born after making of will...........

by subscribing witness....

against husband for debts of deceased wife..
upon contract by and against executors....
of trespass by executors and administrators.

against executors and administrators....
for wrongs by or against executors and administrators..
or proceedings by executor of executor....

for causing death of decedent:

[blocks in formation]

...

.....

[ocr errors]

action by executor or administrator for negligence or wrongful
act or default causing death of decedent.....
trial and burden of proof of contributory negligence.

amount of recovery.....

distribution of damages recovered.

next of kin defined......

140

by or against an executor or administrator; practice regulations:
executor and administrator; how to sue or be sued......
when personal and representative causes of action may be joined. 141
separate dockets and executions....
142
regulations, when some of the executors are not summoned..... 143
executors who have not qualified not necessary parties....

144
145
146

when action not to abate by death....
action upon refusal to pay legacy or distributive share..
action by infant for legacy or distributive share; guardian's bond 147
when action barred by judgment against heir or devisee....... 148
decedent's real property not bound by judgment against executor

or administrator

....

130

131

132

133

134

....

149

want of assets not to be pleaded by executor or administrator... 150
leave to issue execution against executor or administrator.... 151
how leave procured; order; and contents thereof.....

152

security before grant of order.....

153

[39]

ACTIONS-Continued.

SECTION.
154

execution on former judgment.
action against executor or administrator who has been superseded 155
false pleading by executor or administrátor...
156
when inventory may be contradicted...

... 157

liability for uncollected demands....

158

the last two sections qualified......

159

160

foreign executor or administrator may sue or be sued..
by creditor against debtor's next of kin, legatee or devisee:

action against legatees and others to enforce liability for

decedent's debt

action may be joint or several.....

in joint action, recovery to be apportioned....

recovery in a several action........

requisites to recovery in action against legatee..

recovery; in action against a preferred legatee...
liability of heirs and devisees for debt of decedent.........

[ocr errors]

170

171

172

173

174

175

176

when action therefor may be brought against heirs and devisees. 177
effect of application to sell real property..

178

action must be joint.....

179

recovery to be apportioned...

180

requisites to recovery against heirs...

181

182

requisites to recovery against devisees..
deductions for prior recoveries......

183

184

185

186

187

complaint to describe land descended or devised.
judgment; when to be satisfied out of real property.
when judgment not a lien or real property aliened..
how judgment taken, when real property aliened.....
classification of debts, to be enforced under this article..
defense, by reason of other prior or equal claims...
when such a claim is paid..
action not suspended by infancy....

188

189

190

191

.....

to establish a will or construe a devise:

when action to establish a will may be brought....

judgment, that will be established...

judgment admitting the will to probate...
contents of judgment; surrogate's duty...

...

....

liability of heir or devisee not affected where will makes specific

provision for payment of debt....

192

one action, where same person is liable in different capacities.... 193
next of kin defined....

194

[ocr errors]

200

201

202

203

« FöregåendeFortsätt »