§ 116. Actions upon contract by and against executors. Actions of account, and all other actions upon contract, may be maintained by and against executors, in all cases in which the same might have been maintained, by or against their respective testators. § 117. Administrators to have same rights and liabilities as executors. Administrators shall have actions to demand and recover the debts due to their intestate, and the personal property and effects of their intestate; and shall answer and be accountable to others to whom the intestate was holden or bound, in the same manner as executors. § 118. Actions of trespass by executors and administrators. Executors and administrators shall have actions of trespass against any person who shall have wasted, destroyed, taken or carried away, or converted to his own use, the goods of their testator or intestate in his lifetime. They may also maintain actions for trespass committed on the real estate of the deceased, in his lifetime. § 119. Actions of trespass against executors and administrators. Any person, or his personal representatives, shall have actions of trespass against the executor or administrator of any testator or intestate, who in his lifetime shall have wasted, destroyed, taken or carried away, or converted to his own use, the goods or chattels of any such person, or committed any trespass on the real estate of any such person. § 120. Actions for wrongs, by or against executors and administrators. For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrong-doer, such action may be brought by the person injured, or after his death, by his executors or administrators, against such wrong-doer, and after his death against his executors or administrators, in the same manner and with the like effect in all respects, as actions founded upon contracts. This section shall not extend to an action for personal injuries, as such action is defined in section thirty-three hundred and forty-three of the code of civil procedure; except that nothing herein contained shall affect the right of action now existing to recover damages for injuries resulting in death. (Added by L. 1909, ch. 240, § 16, in effect April 22, 1909.) § 121. Action or proceeding by executor of executor. An executor of an executor shall have no authority to commence or maintain any action or proceeding relating to the estate, effects or rights of the testator of the first executor, or to take any charge or control thereof, as such executor. (Added by L. 1909, ch. 240, § 16, in effect April 22, 1909.) § 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. effect immediately. This chapter shall take 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, §§ 17, 18. *Revised Statutes... Part 3, chapter 8, title 3, §§ 1, 2, 11. Inserted and expressly repealed by L. 1909, ch. 240, § 93. In effect April 22, 1909. *1904.... 1904.. 1907... 106.. 669... ... 146... Proviso in § 6. 1, pt. relating to estates of de ceased persons. All 280-296 9, pt. relating to executors, administrators and other trustees of estates of deceased persons. 1, pt. amending L. 1897, Ch. 417, 9, as to executors, administrators and other trustees of estates of deceased persons. Pt. amending the proviso in L. 1848, Ch. 319, § 6. All 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"; S$ 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 (S$ 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; |