N.Y. Estates, Powers and Trusts Law 14-1.1 – Schedule of laws repealed; effect of repeal
§ 14-1.1 Schedule of laws repealed; effect of repeal
Terms Used In N.Y. Estates, Powers and Trusts Law 14-1.1
- Decedent: A deceased person.
- Fiduciary: A trustee, executor, or administrator.
- Inter vivos: Transfer of property from one living person to another living person.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
- Testator: A male person who leaves a will at death.
(a) The following are the laws repealed in their entirety, except as specifically noted: Decedent Estate Law…….. All General Obligations Law…. Article 5, section 5-701, subdivisions 4,
7 and 8 Personal Property Law…… Article 2 — All
Article 2-A — All
Article 3 — sections 32, 32-a and 36
Article 8-A — All
Article 10-A — All Real Property Law………. Article 3 — All
Article 4 — All, except sections 119, 120,
120-a, 121, 122, 122-a, 123
Article 5 — All
(b) Notwithstanding the repeal of the laws prescribed by paragraph (a):
(1) Whenever any repealed statute, that has, in substance, been carried over into this chapter, contained a provision which made such statute, or a provision thereof, inapplicable to the estates of persons dying, or to instruments executed, prior to its effective date, such applicability provision is incorporated into this chapter and made part of the specified section thereof to which it relates, as if expressly included therein, to wit: (A) Decedent Estate Law
(i) Section 26 — as set forth in Laws of 1955, c.225, §2 ………… ……………………………………………… 11-1.1 (b) (5) (F)
(ii) Section 28 — as set forth in Laws of 1931, c.562, §10 ………. …………………………………………………………. 5-3.4
(iii) Section 35 — as set forth in Laws of 1931, c.562, §10 ……… …………………………………………………………. 5-1.3
(iv) Section 36 — to the extent that it was made applicable only to wills of persons adjudicated incompetent on or after March 1, 1965 ….. …………………………………………………………. 3-4.4
(v) Section 46 — as set forth in Laws of 1931, c.562, §10 ….. 3-3.8
(vi) Section 47-a — to the extent that it was made applicable only to wills of persons dying after April 30, 1921 …………………. 2-1.2
(vii) Section 47-b — to the extent that it was made applicable only to wills of persons dying after May 12, 1936 ………………… 3-3.9
(viii) Section 47-c — to the extent that it has been judicially construed to apply only to wills and inter vivos instruments executed after March 28, 1938 ……………………………………… 2-1.1
(ix) Section 47-d — to the extent that it was made applicable only to wills executed after August 31, 1947 ………………… 13-1.3(a) (2)
(x) Subdivision 7 of section 47-e ……………………… 3-1.3(b)
(xi) Section 47-g — to the extent that it was made applicable only to wills of persons living on or born subsequent to June 1, 1966 …. 3-3.7
(xii) Section 49 — to the extent that it was made applicable only to wills of persons dying, or inter vivos instruments executed, on or after March 1, 1964, and to inter vivos instruments executed prior to such date which are, on such date, subject to the creator's power to revoke or amend ………………………………………………… 2-1.3
(xiii) Section 83 — as set forth in the Laws of 1959, c.689 and the Laws of 1963, c.712, §2 …………………………………… 4-1.1
(xiv) Section 83-a — to the extent that it was made applicable to the estates of persons dying on or after March 1, 1964 …………… 4-1.2
(xv) Subdivision 6 of section 89 …………………………. 2-1.6
(xvi) Subdivision 8 of section 124 ……………………….. 2-1.8
(xvii) Section 125 — to the extent that it was made applicable only to wills of persons dying after May 2, 1936; and
as affected by the Laws of 1966, c. 16, §2, which removed the
limitation that the testator could not authorize a fiduciary to name
a successor to serve without a bond, and made such change effective
on March 8, 1966 and applicable to letters issued after such date to
executors and testamentary trustees qualifying under wills of
decendents dying after May second, nineteen hundred thirty-six …
11-1.7 (B) Personal Property Law
(i) Section 11 — as set forth in Laws of 1960, c.448, §4 …… 9-1.1
(ii) Section 11-a — as set forth in Laws of 1960, c.452, §5 … 9-1.2
(iii) Section 11-b — as set forth in Laws of 1960, c.452, §5 …….. …………………………………………………………. 9-1.3
(iv) Section 12 — as set forth in Laws of 1953, c.715, §3 and Laws of 1961, c.866, §7 ………………………………………….. 8-1.1
(v) Section 13-e — as set forth in Laws of 1965, c.401, §2 …. 9-1.8
(vi) Subdivision 2 of section 15 …………………………. 7-1.5
(vii) Section 16 — as set forth in Laws of 1961, c.866, §7 …. 9-2.1
(viii) Section 16-a — as set forth in Laws of 1961, c.866, §7 ……. …………………………………………………………. 8-1.7
(ix) Section 17 — as set forth in Laws of 1959, c.453, §4 ….. 9-2.2
(x) Section 21 — as set forth in Laws of 1965, c.824 ……………. …………………………………………………… 11-2.2(a)(7) (C) Real Property Law
(i) Section 42 — as set forth in Laws of 1958, c.153, §2, as amended by Laws of 1959, c.456, §3 and Laws of 1960, c.448, §4 …….. 9-1.1(a)
(ii) Section 42-b — as set forth in Laws of 1960, c.452, §5 … 9-1.2
(iii) Section 42-c — as set forth in Laws of 1960, c.452, §5 …….. …………………………………………………………. 9-1.3
(iv) Section 59 — as set forth in Laws of 1962, c.146, §3 ….. 6-5.1
(v) Section 61 — as set forth in Laws of 1959, c.454, §4 and Laws of 1961, c.866, §7 ………………………………………….. 9-2.1
(vi) Section 61-a — as set forth in Laws of 1959, c.454, §4 and Laws of 1961, c.866, §7 ……………………………………….. 8-1.7
(vii) Section 62 — as set forth in Laws of 1959, c.454, §4 …. 9-2.2
(viii) Section 110 — as set forth in Laws of 1953, c.131, §2 …….. …………………………………………………………. 7-1.8
(ix) Section 113 — as set forth in Laws of 1953, c.715, §3 and Laws of 1961, c.866, §7 ……………………………………….. 8-1.1
(2) Any repealed statute shall continue to apply to any instrument to which it would have applied had it not been repealed, whenever, under 1-1.5, such instrument is not subject to the provisions of this chapter either because its creator was not living on the effective date of this chapter or because rights accrued under such instrument which cannot be impaired or defeated by this chapter.
(3) A reference in any statute of this state to any repealed law or a provision thereof shall be treated as a reference to the corresponding statute or a provision thereof, if any, of this chapter.