Intestate Succession in the State of New York: Showing the Rights of the Living to the Property of Deceased Relatives Undisposed of by Valid Will

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Baker, Voorhis, 1918 - 154 páginas
 

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Página 133 - ... according to law ; and if such advancement be equal or superior to the amount of the share which such child would be entitled to receive of the real and personal estate of the deceased, as above reckoned, then such child and his descendants shall be excluded from any share in the real and personal estate of the intestate.
Página 134 - If the deceased died intestate, the surplus of his personal property after payment of debts ; and if he left a will, such surplus, after the payment of debts and legacies, if not bequeathed, must be distributed to his widow, children, or next of kin, in manner following : ~~ 1. One-third part to the widow, and the residue in equal portions among the children, aud such persons as legally represent the children if any. of them have died before the deceased.
Página 130 - ... the inheritance shall descend to the brothers and sisters both of the father and mother of the intestate in equal shares, and to their descendants, in the same manner as if all such brothers and sisters had been the brothers and sisters of the intestate.
Página 19 - The foster parent or parents and the minor sustain toward each other the legal relation of parent and child, and have all the rights and are subject to all the duties of that relation, including the right of inheritance from each other...
Página 106 - A fourth rule or canon of descent is this ; that the lineal descendants, in infinitum, of any person deceased shall represent their ancestor ; that is, shall stand in the same place as the person himself would have done, had he been living.
Página 35 - All spinning-wheels, weaving-looms, one knitting-machine, one sewing machine, and stoves put up or kept for use by his family. 2. The family Bible, family pictures and school-books, used by or in such family, and books not exceeding in value fifty dollars, which were kept and used as part of the family library.
Página 132 - Relatives of the half-blood. Relatives of the half-blood and their descendants, shall inherit equally with those of the whole blood and their descendants, in the same degree, unless the inheritance came to the intestate by descent, devise or gift from an ancestor; in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.
Página 124 - If, after the expiration of one year from the granting of letters testamentary or letters of administration, an executor or administrator refuses, upon demand, to pay a legacy, or distributive share, the person entitled thereto may maintain such an action against him, as the case requires. But for the purpose of computing the time, within which such an action must be commenced, the cause of action is deemed to accrue, when the executor's or administrator's account is judicially settled, and not before.
Página 138 - 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.
Página 19 - ... and such right of inheritance extends to the heirs and next of kin of the person adopted, and such heirs and next of kin shall be the same as if he were the legitimate child of the person adopting...

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