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No person

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. 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 effecta 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.

8 114. 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 de ceased 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.

8 116. 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.

g 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 de ceased, 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. .

g 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 estaté 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.)

Laws Repealed; When to Take Effect
Section 130. Laws repealed.

131. When to take effect.
8 130. 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.

Revised Statutes. ... Part 2, chapter 6, title 1, SS 1-5, 21, 22,

40-53, 69-71
Revised Statutes.... Part 2, chapter 6, title 4, SS 55, 58
Revised Statutes. ... Part 2, chapter 6, title 5, SS 1-6, 23
Revised Statutes. ... Part 3, chapter 7, title 3, SS 67-70
Revised Statutes. ... Part 3, chapter 8, title 3, $$ 17, 18.
*Revised Statutes... Part 3, chapter 8, title 3, SS 1, 2, 11.
Laws of Chapter Section

47..... All



R. L. 1813...

R. L. 1813... 75...




1, 11 83, 95, 196, 336, 544 (2d

meet.) Inserted and expressly repealed by L. 1909, ch. 240, $ 93. In effect April 22, 1909.

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1840... 1848.

782... 22...

267... 343... 118... 65..

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Laws of Chapter

Section 1828...

....... 313..... All 1829...

All 1835. 264.

All 1837. 234.


1 319.

Proviso in § 6. 1860. 360..

All 1865. 368.

Proviso in § 6. 1867...

3, 4 1869..

All 1873.... 397.... Proviso in § 5. 1875...

Proviso in $ 7. 1875.

Proviso in $ 5. 1876...

All 1883...

All 1886.. 236.

Proviso in $ 7. 1887.. 315.

Proviso in § 5. 1887.. 317..

Proviso in 87. 1890... 286..

Proviso in s 6. 1891... 34..... 1, pt. relating to estates of de

ceased persons. 1893...... 100..... All 1896... 547...

280-296 1897... 417.... 9, pt. relating to executors, ad

ministrators and other trustees

of estates of deceased persons. 1902..... 295........ 1, pt. amending L. 1897, Ch.

417, § 9, as to executors, administrators and other trustees

of estates of deceased persons. 1903..... 623........ Pt. amending the proviso in L.

1848, Ch. 319, 8 6. *1904... 106.... All 1904.. 146.

All 1907...

1, pt. amending L. 1897, Ch.

417, § 9, as to executors, administrators and other trustees

of estates of deceased persons. Code Civil Procedure 89 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.


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:



Article 1. Short title; definitions (S$ 1, 2).

2. Marriages (SS 5-8).
3. Solemnization, proof and effect of marriage (SS 10-

4. Certain rights and liabilities of husband and wife

(SS 50-60). 5. The custody and wages of children (S$ 70–72). 6. Guardians (S$ 80-88), 7. The adoption of children (SS 110–118). 8. Apprentices and servants (SS 120–127). 9. Laws repealed; when to take effect (S$ 140, 141).


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.

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