tives of the deceased on the part of the mother shall take in the
same manner as if the deceased had been legitimate, and be en-
titled to letters of administration in the same order.

10. Where the descendants, or next of kin of the deceased,
entitled to share in his estate, are all in equal degree to the de-
ceased, their shares shall be equal.

11. When such descendants or next of kin are of unequal degrees of kindred, the surplus shall be apportioned among those entitled thereto, according to their respective stocks; so that those who take in their own right shall receive equal shares, and those who take by representation shall receive the share to which the parent whom they represent, if living, would have been entitled.

12. No representation shall be admitted among collaterals after brothers and sisters descendants. This subdivision shall not apply to the estate of a decedent who shall have died prior to May eighteenth, nineteen hundred and five. (Sub. 12 thus amended by L. 1909, ch. 240, § 14, in effect April 22, 1909.)

Amendment of 1909 struck out the words "the time this act shall take effect" which preceded "May."

13. Relatives of the half-blood shall take equally with those of the whole blood in the same degree; and the representatives of such relatives shall take in the same manner as the representatives of the whole blood.

14. Descendants and next of kin of the deceased, begotten before his death, but born thereafter, shall take in the same manner as if they had been born in the lifetime of the deceased, and had survived him.

15. If a woman die, leaving illegitimate children, and no lawful issue, such children inherit her personal property as if legiti mate.x

16. If there be no husband or wife surviving and no children,
and no representatives of a child, and no next of kin, then the
whole surplus shall be distributed equally to and among the next
of kin of the husband or wife of the deceased, as the case may be,
and such next of kin shall be deemed next of kin of the deceased for
all the purposes specified in this article or in chapter eighteenth
of the code of civil procedure; but such surplus shall not, and
shall not be construed to, embrace any personal property except
such as was received by the deceased from such husband or wife,
as the case may be, by will or by virtue of the laws relating to the
distribution of the personal property of the deceased person.
If any

§ 99. Advancements of personal estates.
child of such deceased person have been advanced by the deceased,
by settlement or portion of real or personal property, the value
thereof shall be reckoned with that part of the surplus of the
personal property, which remains to be distributed among the
children; and if such advancement be equal or superior to the

amount, which, according to the preceding section, would be distributed to such child, as his share of such surplus and advancement, such child and his descendants shall be excluded from any share in the distribution of the surplus. If such advancement be not equal to such amount, such child, or his descendants, shall be entitled to receive so much only, as is sufficient to make all the shares of all the children, in such surplus and advancement, to be equal, as near as can be estimated. The maintaining or educating, or the giving of money to a child, without a view to a portion or settlement in life, shall not be deemed an advancement, within the meaning of this section, nor shall the foregoing provisions of this section apply in any case where there is any real property of the intestate to descend to his heirs.

§ 100. Estates of married women. The provisions of this article respecting the distribution of property of deceased persons apply to the personal property of married women dying, leaving descendants them surviving. The husband of any such deceased married woman shall be entitled to the same distributive share in the personal property of his wife to which a widow is entitled in the personal property of her husband by the provisions of this article and no more.

§ 101. Liability of heirs and devisees for debt of decedent. The heirs of an intestate, and the heirs and devisees of a testator, are respectively liable for the debts of the decedent, arising by simple contract, or by specialty, to the extent of the estate, interest, and right in the real property, which descended to them from, or was effectually devised to them by, the decedent.

§ 102. Liability of heir or devisee not affected where will makes specific provision for payment of debt. The preceding section and article two of title three of chapter fifteen of the code of civil procedure do not affect the liability of an heir or devisee, for a debt of a testator, where the will expressly charges the debt exclusively upon the real property descended or devised, or makes it payable exclusively by the heir or devisee, or out of the real property descended or devised, before resorting to the personal property, or to any other real property descended or devised.

§ 103. Action against husband for debts of deceased wife. If a surviving husband does not take out letters of administration on the estate of his deceased wife, he is presumed to have assets in his hands sufficient to satisfy her debts, and is liable therefor. A husband is liable as administrator for the debts of his wife only to the extent of the assets received by him. If he dies leaving any assets of his wife unadministered, except as otherwise provided by law, they pass to his executors or

administrators as part of his personal property, but are liable for her debts in preference to the creditors of the husband. (Thus amended by L. 1909, ch. 240, § 15, in effect April 22, 1909.)

Amendment of 1909 changed the first word "the" in the third sentence to

"his."

§ 104. Application of certain sections in this article. Section twenty-five hundred and fourteen of the code of civil procedure is applicable to the provisions of sections ninetyeight to one hundred, both inclusive, and section one hundred and three, of this chapter. (Added by L. 1909, ch. 240, § 16, in effect April 22, 1909.)

ARTICLE 4

Executors, Administrators and Testa

mentary Trustees

Section 110. Sales of real estate by executors under authority of will.

111. *Investment of trust funds by executor or admin

istrator.

112. Executors de son tort abolished.

113. Special promise to answer for debt of testator or

intestate.

114. Liability of executors and administrators of executors and administrators.

115. Rights of administrators de bonis non.

116. Actions upon contract by and against executors. 117. Administrators to have same rights and liabilities.

as executors.

118. Actions of trespass by executors and administrators. 119. Actions of trespass against executors and adminis

trators.

120. Actions for wrongs, by or against executors and
administrators.

121. Action or proceeding by executor of executor.
122. Appraisal of estate of deceased person.

§ 110. Sales of real estate by executors under authority of will. Sales of real estate situate within the state of New York, made by executors in pursuance of an authority given by any last will, unless otherwise directed in such will, may be public or private and on such terms as in the opinion of the executor shall be most advantageous to those interested therein.

§ 111. Investment of trust funds. An executor, administrator, trustee or other person holding trust funds for investment may invest the same in the same kind of securities as those in which savings banks of this state are by law authorized to *So in original.

invest the money deposited therein, and the income derived therefrom, and in bonds and mortgages on unincumbered real property in this state worth fifty per centum more than the amount loaned thereon. Any executor, administrator, trustee or other person holding trust funds may require such personal bonds or guaranties of payment to accompany investments as may seem prudent, and all premiums paid on such guaranties may be charged to or paid out of income, providing that such charge or payment be not more than at the rate of one-half of one per centum per annum on the par value of such investments. But no trustee

shall purchase securities hereunder from himself.

§ 112. Executors de son tort abolished. No person shall be liable to an action as executor of his own wrong, for having received, taken or interfered with, the property or effects of a deceased person; but shall be responsible as a wrong-doer in the proper action to the executors, or general or special administrators, of such deceased person, for the value of any property or effects so taken or received, and for all damages caused by his acts, to the estate of the deceased.

§ 113. Special promise to answer for debt of testator or intestate. No executor or administrator shall be chargeable upon any special promise to answer damages, or to pay the debts of the testator or intestate, out of his own estate, unless the agreement for that purpose, or some memorandum or note thereof, be in writing, and signed by such executor or administrator, or by some other person by him thereunto specially

authorized.

§ 114. Liability of executors and administrators of executors and administrators. The executors and administrators of every person, who, as executor, either of right or in his own wrong, or as administrator, shall have wasted or converted to his own use, any goods, chattels, or estate, of any deceased person, shall be chargeable in the same manner as their testator or intestate would have been, if living.

§ 115. Rights of administrators de bonis non. When administration of the effects of a deceased person, which shall have been left unadministered by any previous executor or administrator of the same estate, shall be granted to any person, such person may appeal from any judgment obtained against such previous executor or administrator of the same estate, or against the original testator or intestate; and shall defend any appeal from any such judgment; and shall have the same remedies, in the prosecution or defense of any action, by or against such previous executors or administrators, and for the collection and enforcing of any judgment obtained by them, as they would have by law.

§ 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.)