reglab/housing_qa huggingface dataset:
NY Est Pow & Trusts L § 11-1.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 1 - Fiduciaries: Powers, Duties and Limitations 11-1.3 - Power and Duty of Executor Before Probate

§ 11-1.3 Power and duty of executor before probateAn executor named in a will has no power to dispose of any part of the   estate  of  the  testator  before  letters  testamentary  or preliminary   letters testamentary are  granted,  except  to  pay  reasonable  funeral   expenses,  nor to interfere with such estate in any manner other than to   take such action as is necessary to preserve it.
NY Est Pow & Trusts L § 11-1.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 1 - Fiduciaries: Powers, Duties and Limitations 11-1.4 - Validity of Execution of Power to Sell, Mortgage or Lease Real Property by Less Than All Qualifying Executors

§ 11-1.4 Validity  of execution of power to sell, mortgage or lease realproperty by less than all qualifying executorsAny deed, mortgage or lease duly executed by one or more, but not all,   of the executors or trustees who qualified conveys the  full  title  and   interest of the testator, and is as effective as if all the executors or   trustees  who  qualified  had  joined in the execution thereof, when ten   years have elapsed since the recording of such deed, mortgage  or  lease   in  the county where the property affected is situated; saving, however,   the rights of every grantee, mortgagee or lessee, in good faith and  for   a valuable consideration, deriving title under an instrument executed by   all  the executors or trustees who qualified to the same property or any   part thereof, whose deed, mortgage or lease is duly recorded before such   period of ten years has elapsed.
NY Est Pow & Trusts L § 11-1.5 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 1 - Fiduciaries: Powers, Duties and Limitations 11-1.5 - Payment of Testamentary Dispositions or Distributive Shares

§ 11-1.5 Payment of testamentary dispositions or distributive shares  (a)  Subject  to  his  or  her duty to retain sufficient assets to pay administration and reasonable funeral expenses, debts  of  the  decedent and  all taxes for which the estate is liable, a personal representative may, but, except as directed by will or court decree or order, shall not be required to, pay any testamentary disposition or  distributive  share before  the  completion of the publication of notice to creditors or, if no such notice is published, before the expiration of seven months  from the  time  letters testamentary or of administration are granted, or, if notice of the availability of genetic material of the decedent has  been given  under  section  4-1.3, before the birth of a genetic child who is entitled to inherit from the decedent under section 4-1.3.  (b) Whenever a disposition is directed by will to be paid  in  advance of  such  publication  of  notice  or the expiration of such seven month period or the birth of a genetic child  entitled  to  inherit  from  the decedent  under section 4-1.3, the personal representative may require a bond, conditioned as follows:  (1) That if debts of the decedent appear, and the assets of the estate are insufficient to pay them or to pay other  testamentary  dispositions entitled, under section 13-1.3, to payment equally with or prior to that of  the  disposition  paid  in  advance, the beneficiary to whom advance payment was made will refund it, or the  value  thereof,  together  with interest  thereon  and  any costs incurred by reason of such payment, or such ratable portion thereof, as is necessary to pay such  debts  or  to satisfy the rights, if any, of other beneficiaries under the will.  (2)  That if the will, under which the disposition was paid, is denied probate, on appeal or otherwise, such beneficiary will refund the entire advance payment, together  with  interest  and  costs  as  described  in subparagraph (1), to the personal representative entitled thereto.  (c) If, after the expiration of seven months from the time letters are granted  or  the  birth  of a genetic child entitled to inherit from the decedent  under  section  4-1.3,  as  the  case  may  be,  the  personal representative  refuses upon demand to pay a disposition or distributive share, the person entitled thereto may maintain an appropriate action or proceeding  against  such  representative.  But,  for  the  purpose   of computing  the  time  limited  for its commencement, the cause of action does  not  accrue  until  the  personal  representative's   account   is judicially settled.
NY Est Pow & Trusts L § 11-1.7 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 1 - Fiduciaries: Powers, Duties and Limitations 11-1.7 - Limitations on Powers and Immunities of Executors and Testamentary Trustees

§ 11-1.7 Limitations   on   powers   and  immunities  of  executors  and            testamentary trustees  (a) The attempted grant to an executor, testamentary trustee, or inter vivos trustee, or  his  or  her  successor,  of  any  of  the  following enumerated powers or immunities is contrary to public policy:  (1)  The  exoneration  of such fiduciary from liability for failure to exercise reasonable care, diligence and prudence.  (2) The power to make a binding and conclusive fixation of  the  value of any asset for purposes of distribution, allocation or otherwise.  (b)  The attempted grant in any will or trust of any power or immunity in contravention of the terms of this section shall be  void  but  shall not  be  deemed to render such will or trust invalid as a whole, and the remaining terms of the instrument shall,  so  far  as  possible,  remain effective.  (c)  Any  person  interested  in  an  estate  or trust may contest the validity of any purported grant of any  power  or  immunity  within  the purview  of  this section without diminishing or affecting adversely his or her interest in the estate or trust any  provision  in  any  will  or trust to the contrary notwithstanding.
NY Est Pow & Trusts L § 11-1.8 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 1 - Fiduciaries: Powers, Duties and Limitations 11-1.8 - Power of Fiduciary or Custodian for Fiduciary to Deposit United States Government and Agency Securities With a Federal Reserve Bank

§ 11-1.8 Power  of  fiduciary  or  custodian  for fiduciary to deposit United States government and agency securities with  a  federal  reserve bank  (a)  Notwithstanding  any  other  provision  of law, any bank or trust company, when acting as fiduciary and any bank, trust company or private banker, when holding securities as custodian for a fiduciary pursuant to § 11-1.1(b)  (9),  is  authorized  to  deposit,  or  arrange  through  a subcustodian or otherwise for the deposit, with the federal reserve bank in  its  district  of any securities the principal and interest of which the United States or any department, agency or  instrumentality  thereof has  agreed  to pay, or has guaranteed payment, to be credited to one or more accounts on the books of said federal reserve bank in the  name  of such  bank,  trust company or private banker, to be designated fiduciary or safekeeping accounts, to which account other similar  securities  may be  credited.  A  bank,  trust  company  or private banker so depositing securities with a federal reserve bank shall be subject  to  such  rules and  regulations  with  respect  to  the  making and maintenance of such deposit as, in the case  of  state  chartered  institutions,  the  state superintendent  of  financial  services,  and,  in  the case of national banking associations, the comptroller of the currency, may from time  to time  issue.  The  records of such bank, trust company or private banker shall at all times show the ownership of the  securities  held  in  such account.  Ownership  of, and other interests in, the securities credited to such account may be transferred by  entries  on  the  books  of  said federal  reserve  bank  without  physical  delivery of any securities. A bank, trust  company  or  private  banker  acting  as  custodian  for  a fiduciary  shall,  on demand by the fiduciary, certify in writing to the fiduciary the securities so deposited by such  bank,  trust  company  or private  banker  with  such federal reserve bank for the account of such fiduciary. A fiduciary shall, on demand by any party to  its  accounting or  on demand by the attorney for such party, certify in writing to such party the securities deposited  by  such  fiduciary  with  such  federal reserve bank for its account as such fiduciary.  (b)  This  section  shall apply to all fiduciaries, and custodians for fiduciaries, acting on  the  effective  date  of  this  section  or  who thereafter  may  act  regardless  of the date of the instrument or court order by which they are appointed.
NY Est Pow & Trusts L § 11-1.10 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 1 - Fiduciaries: Powers, Duties and Limitations 11-1.10 - Power of Fiduciary to Employ a Broker-Dealer as Custodian

§ 11-1.10 Power of fiduciary to employ a broker-dealer as custodianNotwithstanding  any  other provision of law any fiduciary (as defined   in section 1-2.7 or 11-1.1 (a) (3)) is authorized:  (1)  to  employ  any   broker-dealer  which  is  registered  with  the  Securities and Exchange   Commission and the department of law of the state of New York  (referred   to  in  this  section as "broker") as a custodian for a fiduciary of any   stock or other securities (referred to in this section as "securities");   (2) to register such securities in the name of such broker. Such  broker   shall  have the same power and shall be subject to the same restrictions   with respect to the treatment of such securities as any  bank  or  trust   company  acting as a custodian for a fiduciary and such securities shall   be subject to the same treatment as securities held by such a  custodian   for  a  fiduciary  as  provided in sections 11-1.1 (b) (9) (10), 11-1.6,   11-1.8, and 11-1.9 of this part. Any such securities held by a broker in   which the broker does not have a lien for indebtedness due  to  it  from   the  estate  or trust may not be pledged, lent, hypothecated or disposed   of except upon the specific instruction of the fiduciary.
NY Est Pow & Trusts L § 11-3.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 3 - Actions by or Against Personal Representatives 11-3.1 - Actions

§ 11-3.1 ActionsAny action, other than an action for injury to person or property, may   be  maintained by and against a personal representative in all cases and   in such manner as such action might have been maintained by  or  against   his decedent.
NY Est Pow & Trusts L § 11-3.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 3 - Actions by or Against Personal Representatives 11-3.2 - Action for Injury to Person or Property Survives Despite Death of Person in Whose Favor or Against Whom Cause of Action Existed

§ 11-3.2 Action  for injury to person or property survives despite death            of person in whose favor or  against  whom  cause  of  action            existed  (a)  Action  against  personal  representative for injury to person or property.  (1) No cause of action for  injury  to  person  or  property  is  lost because  of  the  death  of  the  person  liable for the injury. For any injury, an action may be  brought  or  continued  against  the  personal representative  of  the  decedent,  but  punitive  damages  shall not be awarded nor penalties adjudged in any such  action  brought  to  recover damages  for  personal injury. This section extends to a cause of action for wrongfully causing death and an action therefor may  be  brought  or continued  against  the  personal  representative  of  the person liable therefor.  (2) Where death or an injury to person or property, resulting  from  a wrongful  act,  neglect  or default, occurs simultaneously with or after the death of a person who would have been liable therefor if  his  death had not occurred simultaneously with such death or injury or between the wrongful  act,  neglect or default and the resulting death or injury, an action to recover damages for such death or  injury  may  be  maintained against the personal representative of such person.  (b)  Action  by  personal  representative  for  injury  to  person  or property.   No cause of action for injury to person or property is lost because of the death of the person in whose favor the cause of action existed.  For any injury an action  may  be  brought  or  continued  by  the  personal representative  of  the  decedent,  but  punitive  damages  shall not be awarded nor penalties adjudged in any such  action  brought  to  recover damages  for  personal injury where the death occurs on or before August thirty-first, nineteen hundred eighty-two. On  the  trial  of  any  such action  accruing  before September first, nineteen hundred seventy-five, which is joined with an  action  for  causing  death,  the  contributory negligence of the decedent is a defense, to be pleaded and proved by the defendant.    No  cause  of  action for damages caused by an injury to a third person is lost because of the death of the third person.
NY Est Pow & Trusts L § 11-3.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 3 - Actions by or Against Personal Representatives 11-3.3 - Limitations Upon Recovery Where Injury Causes Death

§ 11-3.3 Limitations upon recovery where injury causes death  (a)  Where  an  injury  causes  the  death  of  a  person  the damages recoverable for such injury are limited to those accruing  before  death and shall not include damages for or by reason of death, except that the reasonable  funeral  expenses of the decedent, paid by the estate or for the payment of which the estate is responsible, shall be recoverable  in such  action.    The  damages recovered become part of the estate of the deceased.  (b) Nothing contained herein shall affect the cause of action existing in favor of the next of kin under 5-4.1, subject to the following:  (1) Such cause of action and the cause of action, under this  section, in  favor of the estate to recover damages may be prosecuted to judgment in a single action; a separate verdict,  report  or  decision  shall  be rendered as to each cause of action.  (2)  Where  an  action to recover damages for personal injury has been brought, and the injured person dies, as a result of the injury,  before verdict, report or decision, his personal representative may enlarge the complaint  in  such  action  to include the cause of action for wrongful death under 5-4.1.  (3) Where an action to  recover  damages  under  this  section  and  a separate  action  for wrongful death under 5-4.1 are pending against the same defendant, they may be consolidated on the motion of either party.
NY Est Pow & Trusts L § 11-3.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 3 - Actions by or Against Personal Representatives 11-3.4 - Action by Representative of Representative

§ 11-3.4 Action by representative of representativeExcept  as otherwise prescribed by law, a personal representative of a   personal representative has no authority to  commence  or  maintain  any   action  or  proceeding  relating to the estate, effects or rights of the   decedent of the first representative, or to take any charge  or  control   thereof, as such representative.
NY Est Pow & Trusts L § 11-4.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 4 - Procedural Aspects of Actions by or Against Personal Representatives 11-4.1 - How to Sue or Be Sued

§ 11-4.1 How to sue or be suedActions or proceedings brought by or against a personal representative   must be brought by or against him in his representative capacity.
NY Est Pow & Trusts L § 11-4.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 4 - Procedural Aspects of Actions by or Against Personal Representatives 11-4.2 - When Personal and Representative Causes of Action May Be Joined

§ 11-4.2 When personal and representative causes of action may be joinedActions  or  proceedings  brought  against  a  personal representative   personally and in his representative capacity may be joined.    In  such   case  a  judgment  for the plaintiff must clearly indicate whether it is   awarded against  the  defendant  personally  or  in  his  representative   capacity.
NY Est Pow & Trusts L § 11-4.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 4 - Procedural Aspects of Actions by or Against Personal Representatives 11-4.3 - Separate Dockets and Executions

§ 11-4.3 Separate dockets and executionsIn  a  case  specified in 11-4.2 or where costs to be collected out of   the individual property of a personal representative are awarded  in  an   action  or  proceeding by or against him in his representative capacity,   so much of the judgment as awards a sum of money against him  personally   may  be  separately  docketed  and  a  separate  execution may be issued   thereupon, as if the judgment contained no  award  against  him  in  his   representative capacity.
NY Est Pow & Trusts L § 11-4.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 4 - Procedural Aspects of Actions by or Against Personal Representatives 11-4.4 - Commencement of Action Against Personal Representatives; Rule When Some of Representatives Not Served

§ 11-4.4 Commencement  of  action against personal representatives; rulewhen some of representatives not servedWhere an action  or  proceeding  is  commenced  against  two  or  more   personal    representatives    in   their   representative   capacities,   jurisdiction of all is obtained by service of process upon  any  one  of   them  and  any  judgment  recovered  may be entered and execution issued   thereon against all of them, in their representative capacities,  as  if   all had been served.
NY Est Pow & Trusts L § 11-4.5 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 4 - Procedural Aspects of Actions by or Against Personal Representatives 11-4.5 - Want of Assets Not to Be Pleaded by Personal Representative

§ 11-4.5 Want of assets not to be pleaded by personal representativeIn  an  action or proceeding against a personal representative, in his   representative capacity, in which the complaint demands judgment  for  a   sum  of  money,  the non-existence or insufficiency of assets may not be   pleaded and the plaintiff's right of recovery is not affected thereby.
NY Est Pow & Trusts L § 11-A-1.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11-A - Uniform Principal and Income Act Part 1 - Definitions and Fiduciary Duties 11-A-1.1 - Short Title

§ 11-A-1.1 Short titleThis article may be cited as the New York uniform principal and income   act.
NY Est Pow & Trusts L § 11-A-1.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11-A - Uniform Principal and Income Act Part 1 - Definitions and Fiduciary Duties 11-A-1.2 - Definitions

§  11-A-1.2 Definitions   In this article:  (1)  "Accounting  period" means a calendar year unless another twelve- month period is selected by a fiduciary. The term includes a portion  of a  calendar year or other twelve-month period that begins when an income interest begins or ends when an income interest ends.  (2) "Beneficiary" includes, in the case  of  a  decedent's  estate,  a distributee and testamentary beneficiary and, in the case of a trust, an income beneficiary and a remainder beneficiary.  (3)  "Fiduciary"  means a personal representative or trustee. The term includes an executor, administrator, successor personal  representative, and a person performing substantially the same function.  (4)  "Income"  means  money  or  property that a fiduciary receives as current return from a principal asset. The term includes  a  portion  of receipts  from a sale, exchange, or liquidation of a principal asset, to the extent provided in part 4.  (5) "Income beneficiary" means a person to whom net income of a  trust is or may be payable.  (6)  "Income  interest"  means  the  right of an income beneficiary to receive all or part of net  income,  whether  the  terms  of  the  trust require  it  to  be distributed or authorize it to be distributed in the trustee's discretion.  (7)  "Mandatory  income  interest"  means  the  right  of  an   income beneficiary  to  receive  net income that the terms of the trust require the fiduciary to distribute.  (8) "Net income" means the total receipts allocated to  income  during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this article or under subparagraph 11-2.3(b)(5) to or from income during the period.  (9) "Person" means an individual, corporation, business trust, estate, trust,   partnership,  limited  liability  company,  association,  joint venture,    government;    governmental    subdivision,    agency,    or instrumentality;  public  corporation,  or any other legal or commercial entity.  (10) "Principal" means property held in trust for  distribution  to  a remainder beneficiary when the trust terminates.  (11)  "Remainder  beneficiary"  means  a  person  entitled  to receive principal when an income interest ends.  (12) "Terms of a trust" means the manifestation of  the  intent  of  a settlor  or  decedent  with  respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct.  (13) "Trustee" includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.