DECEDENT ESTATE LAW Laws 1909, Chap. 18. AN ACT relating to estates of deceased persons, constituting chapter thirteen of the consolidated laws. Became a law February 17, 1909, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAPTER 13 OF THE CONSOLIDATED LAWS DECEDENT ESTATE LAW Article 1. Short title and definitions (§§ 1, 2). 2. Wills (§§ 10-48). 3. Descent and distribution (§§ 80-104). 4. Executors, administrators and testamentary trustees (§§ 110-122). 5. Laws repealed; when to take effect (§§ 130, 131). ARTICLE 1 Short Title and Definitions Section 1. Short title. 2. Definitions. § 1. Short title. This chapter shall be known as the "Decedent Estate Law." § 2. Definitions. The term "will," as used in this chapter, shall include all codicils, as well as wills. ARTICLE 2 Wills Section 10. Who may devise. 11. What real property may be devised. Section 15. Who may make wills of personal estate. 16. Unwritten wills of personal property, when allowed. 17. Devise or bequest to certain societies, associations and corporations. 18. Devise or bequest to certain corporations. 19. Devise or bequest to certain benevolent, charitable and scientific corporations. 20. *Devise or bequest to certain bar associations and fire corporations. 21. Manner of execution of will. 22. Witnesses to will to write names and places of residence. 23. What wills may be proved. 24. Effect of change of residence since execution of will. 25. Application of certain provisions to wills previously made. 26. Child born after making of will. 27. Devise or bequest to subscribing witness. 28. Action by child born after making of will, or by subscribing witness. 29. Devise or bequest to child or descendant not to lapse. 30. Reception of wills for safe keeping. 31. Sealing and indorsing wills received for safe keeping. 32. Delivery of wills received for safe keeping. 33. Opening wills received by surrogate for safe keeping. 34. Revocation and cancellation of written wills. 35. Revocation by marriage and birth of issue. 36. Will of unmarried woman. 37. Bond or agreement to convey property devised or bequeathed not a revocation. 38. Charge or incumbrance not a revocation. 39. Conveyance, when not to be deemed a revocation. 40. Conveyance, when to be deemed a revocation. 41. Canceling or revocation of second will not to revive first. 42. Record of wills in county clerk's office. 43. County clerk's index of recorded wills. 44. Recording will proved in another state or foreign 46. Validity of purchase notwithstanding devise. *So in the original. # § 10. Who may devise. All persons, except idiots, persons of unsound mind and infants, may devise their real estate, by a last will and testament, duly executed, according to the provisions of this article. § 11. What real property may be devised. Every estate and interest in real property descendible to heirs, may be BO devised. § 12. Who may take real property by devise. Such a devise of real property may be made to every person capable by law of holding real estate; but no devise to a corporation shall be valid, unless such corporation be expressly authorized by its charter, or by statute, to take by devise. § 13. Devises of real property to aliens. Every devise of any interest in real property, to a person who, at the time of the death of the testator, shall be an alien, not authorized by statute to hold real estate, shall be void. The interest so devised, shall descend to the heirs of the testator; if there be no such heirs competent to take, it shall pass under his will to the residuary devisees therein named, if any there be, competent to take such interest. § 14. Wills of real estate, how construed. Every will that shall be made by a testator, in express terms, of all his real estate, or in any other terms denoting his intent to devise all his real property, shall be construed to pass all the real estate, which he was entitled to devise, at the time of his death. 15. Who may make wills of personal estate. Every male person of the age of eighteen years or upwards, and every female of the age of sixteen years or upwards, of sound mind and memory, and no others, may give and bequeath his or her personal estate, by will in writing. § 16. Unwritten wills of personal property, when allowed. No nuncupative or unwritten will, bequeathing personal estate, shall be valid, unless made by a soldier while in actual military service, or by a mariner, while at sea. § 17. Devise or bequest to certain societies, associations and corporations. No person having a husband, wife, child or parent, shall, by his or her last will and testament, devise or bequeath to any benevolent, charitable, literary, scientific, religious or missionary society, association or corporation, in trust or otherwise, more than one-half part of his or her estate, after the 499 § 13 r |