N.Y. SCP Law § 103 — New York Code / Act SCP / Article 1 / Section 103
Definitions When used in this act, unless otherwise required by the context, or unless a contrary intent is expressly declared in the pro...
Status: in_force

§ 103. Definitions\n  When used in this act, unless otherwise required by the context, or\nunless a contrary intent is expressly declared in the provision to be\nconstrued, the words, phrases or clauses hereafter shall be construed as\nfollows:\n  1. Acknowledged. Acknowledged or proved in the same manner as a deed\nis required to be acknowledged or proved and authenticated to be\nrecorded in that county, except that when executed within the state, no\ncertificate of the county clerk shall be required.\n  2. Administrator. Any person to whom letters of administration have\nbeen issued.\n  3. Administrator c. t. a. Any person to whom letters of administration\nwith the will annexed have been issued.\n  4. Administrator d. b. n. Any person to whom letters of administration\nhave been issued as a successor to an administrator.\n  5. Ancillary administrator. Any person to whom ancillary letters of\nadministration have been issued.\n  6. Ancillary executor or administrator c. t. a. Any person to whom\nancillary letters testamentary or ancillary letters of administration c.\nt. a. have been issued.\n  7. Ancillary guardian. Any person to whom ancillary letters of\nguardianship, whether of the person, property, or both, of an infant\nhave been issued.\n  8. Beneficiary. Any person entitled to any part or all of an estate.\n  9. Bequest or legacy. A transfer of personal property by will.\n  9-a. Corporate trustee. Any trust company, any bank authorized to\nexercise fiduciary powers and any national bank having a principal,\nbranch or trust office in this state and duly authorized to exercise\nfiduciary powers.\n  10. Court. The surrogate's court, including any judge or surrogate\nassigned, elected or appointed to serve as judge of the court.\n  11. Creditor. Any person having a claim against a decedent or an\nestate.\n  12. Devise. When used as a noun, a transfer of real property by will.\nWhen used as a verb, to transfer real property by will.\n  13. Devisee. Any person to whom real property is transferred by will.\n  14. Distributee. Any person entitled to take or share in the property\nof a decedent under the statutes governing descent and distribution.\n  15. Domicile. A fixed, permanent and principal home to which a person\nwherever temporarily located always intends to return.\n  16. Domiciliary. A person whose domicile is within the state of New\nYork.\n  17. Donee of a power during minority. Any person granted or deemed to\nhave the power during minority to manage property vested in an infant.\n  18. Eligible to receive letters. Not disqualified on any of the\ngrounds described in 707.\n  19. Estate. All of the property of a decedent, trust, absentee,\ninternee or person for whom a guardian has been appointed as originally\nconstituted, and as it from time to time exists during administration.\n  20. Executor. Any person to whom letters testamentary have been\nissued.\n  21. Fiduciary. An administrator, administrator c.t.a., administrator\nd.b.n., ancillary administrator, ancillary administrator c.t.a.,\nancillary executor, ancillary guardian, executor, guardian, preliminary\nexecutor, temporary administrator, testamentary trustee, to any of whom\nletters have been issued, and also the donee of a power during minority\nand a voluntary administrator and a public administrator acting as\nadministrator or a public administrator or county treasurer to whom\nletters have been issued, and a lifetime trustee.\n  22. Funeral expense. Includes reasonable expense of a funeral,\nsuitable church or other services as an integral part thereof, expense\nof interment or other disposition of the body, a burial lot and suitable\nmonumental work thereon and a reasonable expenditure for perpetual care\nof a burial lot of the decedent. For the purpose of subdivision one of\nsection eighteen hundred eleven of this act, funeral expense shall also\ninclude burial expenses awarded pursuant to article twenty-two of the\nexecutive law.\n  23. Grantor. The creator of a lifetime trust.\n  24. Guardian. Any person to whom letters of guardianship have been\nissued by a court of this state, pursuant to this act, the family court\nact or article 81 of the mental hygiene law.\n  25. Incapacitated person. Any person who for any cause is incapable\nadequately to protect his or her rights, including a person for whom a\nguardian has been appointed pursuant to article 81 of the mental hygiene\nlaw.\n  26. Incompetent. Any person judicially declared incompetent to manage\nhis affairs.\n  26-a. Individual trustee. Any trustee who is not a corporate trustee.\n  27. Infant. Any person under the age of eighteen years; provided,\nhowever, that for purposes of appointment of a guardian of an infant,\nthe term infant also shall include a person who is under the age of\ntwenty-one years who consents to the appointment of a guardian after the\nage of eighteen. It is further provided that such definition shall not\nbe applicable to any provision relating to the New York Uniform\nTransfers to Minors Act, nor to section 1716 of this act.\n  28. Intestate. A person who dies without leaving a valid will. Where\nit is used with respect to particular property, a person who dies\nwithout effectively disposing of that property by will. When used as an\nadjective, to property not effectively disposed of by will.\n  29. Judicial settlement. A proceeding whereby the account of a\nfiduciary is settled and adjudicated by decree of the court.\n  30. Legal life tenant. Any person entitled for his life or for the\nlife of another to the possession and use of real or personal property.\n  31. Lifetime trust. An express trust, including all amendments\nthereto, created during the grantor's lifetime other than a trust for\nthe benefit of creditors, a resulting or constructive trust, a business\ntrust where certificates of beneficial interest are issued to the\nbeneficiary, an investment trust, voting trust, a security instrument\nsuch as a deed of trust and a mortgage, a trust created by the judgment\nor decree of a court, a liquidation or reorganization trust, a trust for\nthe sole purpose of paying dividends, interest, interest coupons,\nsalaries, wages, pensions or profits, instruments wherein persons are\nmere nominees for others, or a trust created in deposits in any banking\ninstitution or savings and loan institution.\n  32. Lifetime trustee. A trustee acting under a lifetime trust.\n  33. Legatee. Any person designated to receive a transfer by will of\npersonal property.\n  34. Letters. Includes letters of administration, letters of\nadministration c. t. a., letters of administration d. b. n., limited\nletters of administration, ancillary letters of administration,\nancillary letters of guardianship, ancillary letters testamentary,\nletters of guardianship, letters of temporary administration, letters\ntestamentary, preliminary letters testamentary and letters of\ntrusteeship. A testamentary trustee who has qualified without the\nissuance of letters shall be deemed for the purposes of this act to have\nreceived letters of trusteeship.\n  35. Mailing or mail. A direction to mail or for mailing of process,\nnotice or other paper requires deposit of such process, notice or other\npaper enclosed in a sealed postpaid envelope, directed to the person to\nbe served or notified, in any post office or other depositary under the\nexclusive care and custody of the United States Postal Service.\n  35-a. Mailing by express mail. Mailing in conformity with the\nrequirements of the United States Postal Service respecting express\nmail.\n  36. Mailing by registered or certified mail. A direction for mailing\nof process, notice or other paper by registered or certified mail\nrequires mailing in conformity with the requirements of the United\nStates Postal Service respecting registered or certified mail, as the\ncase may be.\n  37. Mailing by registered or certified mail; return receipt requested.\nMailing in conformity with the requirements of the United States Postal\nService respecting registered mail with return receipt requested or\ncertified mail with return receipt requested, as the case may be.\n  37-a. Mailing by special mail service. A direction for mailing of\nprocess, notice or other paper by special mail service requires mailing\nby express mail or use of any designated delivery service within the\nmeaning of §7502(f)(2) of the United States Internal Revenue Code of\n1986, as from time to time amended.\n  38. May. When used in this act, in relation to an act to be performed\nby the court, means in the discretion of the court.\n  39. Person interested. Any person entitled or allegedly entitled to\nshare as beneficiary in the estate or the trustee in bankruptcy or\nreceiver of such person. A creditor shall not be deemed a person\ninterested. Where this act provides that a "person interested" may apply\nfor relief, a verified allegation of an interest in fact, suffices for\nthe purpose of the application, although the interest may be disputed,\nunless or until the fact of interest has been judicially determined and\nno appeal is pending therefrom.\n  40. Person under disability. Any person who is (a) an infant, (b) an\nincompetent, (c) an incapacitated person, (d) unknown or whose\nwhereabouts are unknown or (e) confined as a prisoner who fails to\nappear under circumstances which the court finds are due to confinement\nin a penal institution.\n  40-a. Petition. A verified application in the manner provided in CPLR\n3020, requesting action upon a matter or relief provided for in the\nestates, powers and trusts law or this act.\n  41. Preliminary executor. Any person to whom preliminary letters\ntestamentary have been issued.\n  42. Presumptive distributee. Any person who would be a distributee as\ndefined in this act, if the person alleged to be deceased, absentee or\ninternee were dead.\n  43. Process. Citation, order to show cause, subpoena and any other\nmandate of the surrogate's court by which jurisdiction is obtained of a\nparty.\n  44. Property. Anything that may be the subject of ownership and is\nreal or personal property, or is a chose in action.\n  45. Respondent. Every party to a proceeding except a petitioner.\n  46. Safe deposit company. Any corporation authorized under the banking\nlaw to let out receptacles for safe deposit of personal property.\n  47. Temporary administrator. Any person to whom letters of temporary\nadministration have been issued.\n  48. Testamentary trust. A trust created by will.\n  49. Testamentary trustee. Any person to whom letters of trusteeship\nhave been issued.\n  50. Trust. A testamentary trust or a lifetime trust.\n  51. Upon the return of process. The time and place for the return of\nany process and any adjournment thereof, and implies that due proof has\nbeen made that the court has jurisdiction over all parties who appeared,\nhave waived or been duly served.\n  52. Will. A last will, including all the codicils thereto.\n