§ 122. Appraisal of estate of deceased person. Whenever by reason of the provisions of any law of this state it shall become necessary to appraise in whole or in part the estate of any deceased person, the persons whose duty it shall be to make such appraisal shall value the real estate at its full and true value, taking into consideration actual sales of neighboring real estate similarly situated during the year immediately preceding the date of such appraisal, if any; and they shall value all such property, stocks, bonds, or securities as are customarily bought or sold in open markets in the city of New York or elsewhere, for the day on which such appraisal or report may be required, by ascertaining the range of the market and the average of prices as thus found, running through a reasonable period of time. (Renumbered by L. 1909, ch. 240, § 17. Formerly § 120.) ARTICLE 5 Laws Repealed; When to Take Effect Section 130. Laws repealed. 131. When to take effect. § 130. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. § 131. When to take effect. This chapter shall take effect immediately. SCHEDULE OF LAWS REPEALED.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 1787..... 1799... Chapter 47.... Section All All .. Inserted and expressly repealed by L. 1909, ch. 240, § 93. In effect April 22, 1909. 1907.... 106..... ... Proviso in § 5. Proviso in § 7. 1, pt. relating to estates of de All 280-296 9, pt. relating to executors, ad- All 1, pt. amending L. 1897, Ch. 417, 9, as to executors, administrators and other trustees of estates of deceased persons. Code Civil Procedure §§ 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"; SS 2694, 2703, 2704, 2732; § 2733, except last two sentences; $ 2734. Inserted and expressly repealed by L. 1909, ch. 240, § 106. In effect April 22, 1909. DOMESTIC RELATIONS LAW Laws 1909, Chap. 19. AN ACT relating to the domestic relations, constituting chapter fourteen 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 14 OF THE CONSOLIDATED LAWS DOMESTIC RELATIONS LAW Article 1. Short title; definitions (§§ 1, 2). 2. Marriages (§§ 5-8). 3. Solemnization, proof and effect of marriage (§§ 1025). 4. Certain rights and liabilities of husband and wife (§§ 50-60). 5. The custody and wages of children (§§ 70–72). 6. Guardians (§§ 80-88). 7. The adoption of children (§§ 110-118). 8. Apprentices and servants (§§ 120-127). 9. Laws repealed; when to take effect (§§ 140, 141). ARTICLE 1 Short Title; Definitions Section 1. Short title. 2. Definitions. § 1. Short title. This chapter shall be known as the "Domestic Relations Law." § 2. Definitions. A minor is a person under the age of twenty-one years. A minor reaches majority at that age. ARTICLE 2 Marriages Section 5. Incestuous and void marriages. 6. Void marriages. 7. Voidable marriages. 8. Marriage after divorce for adultery. 5. Incestuous and void marriages. A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either: 1. An ancestor and a descendant; 2. A brother and sister of either the whole or the half blood; 3. An uncle and niece or an aunt and nephew. If a marriage prohibited by the foregoing provisions of this section be solemnized it shall be void, and the parties thereto shall each be fined not less than fifty nor more than one hundred dollars and may, in the discretion of the court in addition to said fine, be imprisoned for a term not exceeding six months. Any person who shall knowingly and wilfully solemnize such marriage, or procure or aid in the solemnization of the same, shall be deemed guilty of a misdemeanor and shall be fined or imprisoned in like manner. § 6. Void marriages. A marriage is absolutely void if contracted by a person whose husband or wife by a former marriage is living, unless either: 1. Such former marriage has been annulled or has been dissolved for a cause other than the adultery of such person; 2. Such former husband or wife has been finally sentenced to imprisonment for life; 3. Such former husband or wife has absented himself or herself for five successive years then last past without being known to such person to be living during that time. § 7. Voidable marriages. A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto : 1. Is under the age of legal consent, which is eighteen years; 2. Is incapable of consenting to a marriage for want of understanding; 3. Is incapable of entering into the married state from physical cause; 4. Consents to such marriage by reason of force, duress or fraud; 5. Has a husband or a wife by a former marriage living, and such former husband or wife has absented himself or herself for five successive years then last past without being known to such party to be living during that time. Actions to annul a void or voidable marriage may be brought only as provided in the code of civil procedure. When § 8. Marriage after divorce for adultery. ever a marriage has been or shall be dissolved, the complainant may marry again during the lifetime of the defendant; but no defendant convicted of adultery shall marry again until the death of the complainant, unless the court in which the judgment of divorce was rendered shall in that respect modify such judg ment, which modification shall only be made upon satisfactory proof that five years have elapsed since the decree of divorce was rendered, and that the conduct of the defendant since the dissolution of said marriage has been uniformly good. But this section does not prevent the remarriage of the parties to the action. ARTICLE 3 Solemnization, Proof and Effect of Marriage Section 10. Marriage a civil contract. 11. By whom a marriage must be solemnized. 12. Marriage, how solemnized. 13. *Marriages licenses. 14. Town and city clerks to issue marriage licenses; form. 15. Duty of town and city clerks. 16. False statements and affidavits. 17. Clergyman or officer violating article; penalty. 18. Clergyman or officer, when protected. 19. Records to be kept by town and city clerks. 20. Records to be kept by the county clerk. 21. Forms and books to be furnished. 22. Penalty for violation. 23. Presumptive evidence. 24. Effect of marriage of parents of illegitimates. 25. License, when to be obtained. 10. Marriage a civil contract. Marriage, so far as its validity in law is concerned, continues to be a civil contract, to which the consent of parties capable in law of making a contract is essential. * So in original. |