reglab/housing_qa huggingface dataset:
NY Est Pow & Trusts L § 2-1.14 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 2 - Rules Governing Dispositions Subject to This Law Part 1 - Substantive Rules Governing Dispositions 2-1.14 - Right to Rcover State Estate and Gift Taxes Where Decedents Retained Interest

§ 2-1.14 Right  to  recover  state  estate and gift taxes where decedent            retained interest  (a)(1) If any part of the gross tax estate on which tax has been  paid consists of the value of property included in the gross estate by reason of  section  two  thousand  thirty-six  of  the  internal  revenue  code (relating to transfers with retained life estate), the decedent's estate shall be entitled to recover from the person receiving the property  the amount  which  bears  the same ratio to the total tax under this chapter which has been paid as  (A) the value of such property bears to  (B) the taxable estate.  (2) Paragraph one shall not apply if the decedent otherwise directs in a provision of his will (or a revocable trust) specifically referring to this section.  (b) For purposes of this section, if there is  more  than  one  person receiving the property, the right of recovery shall be against each such person.  (c)  In  the  case  of  penalties  and  interest  attributable  to the additional taxes described in subsection  (a)  of  this  section,  rules similar  to  the  rules of subsections (a) and (b) of this section shall apply.  (d) No person shall be entitled to recover any  amount  by  reason  of this section from a trust to which section six hundred sixty-four of the internal  revenue  code  applies  (determined  without  regard  to  this section).
NY Est Pow & Trusts L § 2-1.15 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 2 - Rules Governing Dispositions Subject to This Law Part 1 - Substantive Rules Governing Dispositions 2-1.15 - Consequences of Partly Ineffective Dispositions of Trust Principal to Two or More Beneficiaries

§  2-1.15  Consequences  of  partly  ineffective  dispositions  of trust   principal to two or more beneficiariesWhenever the remainder of a lifetime  or  testamentary  trust  passes,   whether  outright  or  in  further  trust,  to  two  or  more designated   beneficiaries,  and  such  remainder  is  ineffective  in  part  and  no   effective  alternative  disposition  has  been  made  in  the  governing   instrument, such ineffective part shall pass  to  the  other  designated   beneficiary or, if there are two or more other designated beneficiaries,   to such beneficiaries in the proportions that their respective interests   in  such  principal  bear  to  the  aggregate  of  the interests of such   designated beneficiaries in such principal.
NY Est Pow & Trusts L § 3-1.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 1 - Who May Make and Receive Testamentary Dispositions of Property; What Property May Be Disposed of by Will 3-1.1 - Who May Make Wills Of, and Exercise Testamentary Powers of Appointment Over Property

§ 3-1.1 Who  may  make  wills  of,  and  exercise testamentary powers ofappointment over propertyEvery person eighteen years of age or over, of sound mind and  memory,   may  by  will dispose of real and personal property and exercise a power   to appoint such property.
NY Est Pow & Trusts L § 3-1.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 1 - Who May Make and Receive Testamentary Dispositions of Property; What Property May Be Disposed of by Will 3-1.2 - What Property May Be Disposed of by Will

§ 3-1.2 What property may be disposed of by willEvery estate in property may be devised or bequeathed.
NY Est Pow & Trusts L § 3-2.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 2 - Execution of Wills 3-2.2 - Nuncupative and Holographic Wills

§ 3-2.2 Nuncupative and holographic wills  (a)  For  the  purposes of this section, and as used elsewhere in this chapter:  (1) A will is nuncupative when it is unwritten, and the making thereof by the testator and its provisions are clearly established by  at  least two witnesses.  (2)  A  will  is  holographic  when  it  is  written  entirely  in the handwriting of the  testator,  and  is  not  executed  and  attested  in accordance with the formalities prescribed by 3-2.1.  (b) A nuncupative or holographic will is valid only if made by:  (1)  A member of the armed forces of the United States while in actual military or naval service during a war, declared or undeclared, or other armed conflict in which members of the armed forces are engaged.  (2) A person who serves with or accompanies an armed force engaged  in actual  military  or  naval  service  during  such  war  or  other armed conflict.  (3) A mariner while at sea.  (c) A will authorized by this section becomes invalid:  (1) If made by a member of the armed forces, upon  the  expiration  of one year following his discharge from the armed forces.  (2)  If made by a person who serves with or accompanies an armed force engaged in actual military or naval service, upon the expiration of  one year from the time he has ceased serving with or accompanying such armed force.  (3)  If  made  by a mariner while at sea, upon the expiration of three years from the time such will was made.  (d) If any  person  described  in  paragraph  (c)  lacks  testamentary capacity  at the expiration of the time limited therein for the validity of his will, such will shall continue to be valid until  the  expiration of one year from the time such person regains testamentary capacity.  (e)  Nuncupative  and  holographic  wills,  as  herein authorized, are subject to the provisions of  this  chapter  to  the  extent  that  such provisions  can  be  applied  to  such  wills  consistently  with  their character, or to the extent that any such provision  expressly  provides that it is applicable to such wills.
NY Est Pow & Trusts L § 3-3.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 3 - Rules Governing Testamentary Dispositions 3-3.1 - What a Testamentary Disposition Includes

§ 3-3.1 What a testamentary disposition includesUnless  the  will provides otherwise, a disposition by the testator of   all his property passes all of the property he was entitled  to  dispose   of at the time of his death.
NY Est Pow & Trusts L § 3-3.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 3 - Rules Governing Testamentary Dispositions 3-3.2 - Competence of Attesting Witness Who Is Beneficiary; Application to Nuncupative Will

§ 3-3.2 Competence  of attesting witness who is beneficiary; application           to nuncupative will  (a) An attesting witness to a will to whom a beneficial disposition or appointment of property is made is a competent witness  and  compellable to  testify  respecting  the  execution  of  such  will  as  if  no such disposition or appointment had been made, subject to the following:  (1) Any such disposition or appointment made to an  attesting  witness is  void  unless there are, at the time of execution and attestation, at least  two  other  attesting  witnesses  to  the  will  who  receive  no beneficial disposition or appointment thereunder.  (2)  Subject  to subparagraph (1), any such disposition or appointment to an attesting witness is effective unless the will  cannot  be  proved without  the testimony of such witness, in which case the disposition or appointment is void.  (3) Any attesting witness whose disposition  is  void  hereunder,  who would  be a distributee if the will were not established, is entitled to receive so much of his intestate share as does not exceed the  value  of the  disposition  made to him in the will, such share to be recovered as follows:  (A) In case  the  void  disposition  becomes  part  of  the  residuary disposition, from the residuary disposition only.  (B) In case the void disposition passes in intestacy, ratibly from the distributees  who  succeed  to such interest. For this purpose, the void disposition shall be distributed under 4-1.1  as  though  the  attesting witness were not a distributee.  (b) The provisions of this section apply to witnesses to a nuncupative will authorized by 3-2.2.
NY Est Pow & Trusts L § 3-3.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 3 - Rules Governing Testamentary Dispositions 3-3.3 - Disposition to Issue or Brothers or Sisters of Testator Not to Lapse; Application to Class Dispositions

§ 3-3.3 Disposition  to  issue or brothers or sisters of testator not to           lapse; application to class dispositions  (a) Unless the will whenever executed provides otherwise:  (1) Instruments executed prior to September  first,  nineteen  hundred ninety-two.  Whenever a testamentary disposition including a disposition of a future estate other than a future estate  subject  to  a  condition precedent  of surviving the testator is made to a beneficiary who is one of the testator's issue or a brother or  sister,  and  such  beneficiary dies  during  the  lifetime of the testator leaving issue surviving such testator, such disposition does not lapse but vests  in  such  surviving issue, by representation.  (2) Instruments executed on or after September first, nineteen hundred ninety-two.  Whenever a testamentary disposition including a disposition of a future estate other than a future estate  subject  to  a  condition precedent  of surviving the testator is made to a beneficiary who is one of the testator's issue or a brother or  sister,  and  such  beneficiary dies  during  the  lifetime of the testator leaving issue surviving such testator, such disposition does not lapse but vests  in  such  surviving issue, by representation.  (3)  The  provisions  of  subparagraphs  (1) and (2) of this paragraph apply to a disposition made in the form of a class  gift  other  than  a disposition  to  "issue,""descendents," or a class described by language of similar import, as if the disposition were made to the  beneficiaries by  their  individual  names,  except that no benefit shall be conferred hereunder upon the surviving issue of an ancestor who  died  before  the execution of the will in which the disposition to the class was made.  (b)  As used in this section, the terms "issue", "surviving issue" and "issue surviving" include adopted children and their issue to the extent they would be included in a  disposition  to  "issue"  under  2-1.3  and subdivision  two  of  section  one  hundred  seventeen  of  the domestic relations law, and nonmarital children; for this purpose,  a  nonmarital child is the child of his mother and is the child of his father if he is entitled to inherit from his father under 4-1.2.
NY Est Pow & Trusts L § 3-3.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 3 - Rules Governing Testamentary Dispositions 3-3.4 - Consequences of Partly Ineffective Testamentary Dispositions of Property to Two or More Residuary Beneficiaries

§ 3-3.4 Consequences  of partly ineffective testamentary dispositions ofproperty to two or more residuary beneficiariesWhenever a  testamentary  disposition  of  property  to  two  or  more   residuary  beneficiaries  is  ineffective in part, as of the date of the   testator's death, and the provisions of  3-3.3  do  not  apply  to  such   ineffective  part  of  the  residuary disposition nor has an alternative   disposition thereof been made in the will, such ineffective  part  shall   pass to and vest in the remaining residuary beneficiary or, if there are   two  or  more  remaining residuary beneficiaries, in such beneficiaries,   ratably, in the proportions  that  their  respective  interests  in  the   residuary estate bear to the aggregate of the interests of all remaining   beneficiaries in such residuary estate.
NY Est Pow & Trusts L § 3-3.5 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 3 - Rules Governing Testamentary Dispositions 3-3.5 - Conditions Qualifying Dispositions; Conditions Against Contest; Limitations Thereon

§ 3-3.5 Conditions  qualifying dispositions; conditions against contest;           limitations thereon  (a) A condition qualifying a  disposition  of  property  is  operative despite  the  failure of the testator to provide for an alternative gift to take effect upon the breach or non-occurrence of such condition.  (b) A condition, designed to prevent a disposition from taking  effect in  case  the will is contested by the beneficiary, is operative despite the presence or absence of probable cause for such contest,  subject  to the following:  (1)  Such  a  condition is not breached by a contest to establish that the will is a forgery or that it was revoked by a later  will,  provided that such contest is based on probable cause.  (2) An infant or incompetent may affirmatively oppose the probate of a will without forfeiting any benefit thereunder.  (3)  The  following  conduct,  singly  or  in the aggregate, shall not result in the forfeiture of any benefit under the will:  (A) The assertion of an objection to the jurisdiction of the court  in which the will was offered for probate.  (B)  The  disclosure  to  any  of  the  parties or to the court of any information relating to any document offered for probate as a last will, or relevant to the probate proceeding.  (C) A refusal or failure to join in a petition for the  probate  of  a document as a last will, or to execute a consent to, or waiver of notice of a probate proceeding.  (D)  The  preliminary  examination,  under SCPA 1404, of a proponent's witnesses, the person who prepared the will, the nominated executors and the proponents in a probate proceeding  and,  upon  application  to  the court based upon special circumstances, any person whose examination the court determines may provide information with respect to the validity of the will that is of substantial importance or relevance to a decision to file objections to the will.  (E) The institution of, or the joining or acquiescence in a proceeding for the construction of a will or any provision thereof.
NY Est Pow & Trusts L § 3-3.6 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 3 - Rules Governing Testamentary Dispositions 3-3.6 - Encumbrances on Property of Decedent or on Proceeds of Insurance Policy on Life of Decedent Not Chargeable Against Assets of Decedent's Estate

§ 3-3.6 Encumbrances on property of decedent or on proceeds of insurance           policy  on  life  of decedent not chargeable against assets of           decedent's estate  (a) Where any property, subject, at the time of decedent's  death,  to any lien, security interest or other charge, including a lien for unpaid purchase  money,  is  specifically  disposed  of  by will or passes to a distributee, or where the proceeds of any policy  of  insurance  on  the life  of the decedent are payable to a named beneficiary and such policy is subject to any lien, security interest or other charge, the  personal representative   is   not  responsible  for  the  satisfaction  of  such encumbrance out of the property of  the  decedent's  estate,  except  as provided  in  SCPA 1811, unless, in the case of a will, the testator has expressly or by necessary implication  indicated  otherwise.  A  general provision  in  the  will  for  the  payment  of  debts  is  not  such an indication.  (b) Any such encumbrance is chargeable against  the  property  of  the decedent  or  the  proceeds  of a policy of insurance on the life of the decedent, subject thereto.  Nothing  in  this  section  imposes  upon  a testamentary beneficiary, distributee or named insurance beneficiary any personal  liability  for  the  payment  of  the  debt  secured  by  such encumbrance.  (c) Where any lien, security interest or other charge encumbers:  (1) Property passing to two or more persons, the interest of each such person shall, only as between such persons, bear its proportionate share of the total encumbrance.  (2) Two or more properties, each such property shall, only as  between the  recipients  thereof,  bear  its  proportionate  share  of the total encumbrance.
NY Est Pow & Trusts L § 3-3.8 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 3 - Rules Governing Testamentary Dispositions 3-3.8 - Validity of a Purchase of Real Property Notwithstanding Its Disposition by Will

§ 3-3.8 Validity  of  a  purchase  of  real property notwithstanding itsdisposition by willThe title of a purchaser of real  property,  in  good  faith  and  for   valuable  consideration,  from a distributee of a person who died owning   such property shall not be affected by  a  testamentary  disposition  of   such  property  by  the  decedent,  unless  within  two  years after the   testator's death the will disposing  of  the  property  is  admitted  to   probate.   If, however, at the time of the testator's death, the devisee   is either an infant, incompetent, imprisoned for a term less than  life,   without  the  state  or  if the will was concealed by one or more of the   distributees of the decedent, the two year period prescribed herein does   not commence until the expiration of one  year  from  the  time  of  the   removal of such disability or the delivery of the will to the devisee or   to the surrogate having jurisdiction to admit the will to probate.
NY Est Pow & Trusts L § 3-3.9 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 3 - Rules Governing Testamentary Dispositions 3-3.9 - Testamentary Direction to Purchase Annuities

§ 3-3.9 Testamentary direction to purchase annuitiesIf  a  testator  directs  in  his will the purchase of an annuity, the   beneficiaries to whom the income thereof is to be paid may not elect  to   take  the  capital  sum  directed  to  be  used for the purchase of such   annuity in lieu thereof, unless the will expressly confers such right or   except as the will expressly provides for the purchase of an  assignable   annuity.    But  nothing  contained  herein  shall  impair  the right of   election by a surviving spouse under 5-1.1 or 5-1.1-A.
NY Est Pow & Trusts L § 3-4.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 4 - Revocation of Wills and Related Subjects 3-4.1 - Revocation of Wills; Effect on Codicils

§ 3-4.1 Revocation of wills; effect on codicils  (a)  Except  as  otherwise  provided  in this chapter, a revocation or alteration, if  intended  by  the  testator,  may  be  effected  in  the following manner only:  (1) A will or any part thereof may be revoked or altered by:  (A) Another will.  (B)  A  writing  of  the  testator  clearly indicating an intention to effect such revocation or  alteration,  executed  with  the  formalities prescribed by this article for the execution and attestation of a will.  (2) A will may be revoked by:  (A)  An  act of burning, tearing, cutting, cancellation, obliteration, or other mutilation or destruction performed by:  (i) The testator.  (ii) Another person, in the presence  and  by  the  direction  of  the testator;  in  which  case, the fact that the will was so revoked in the presence and by the direction of the testator  shall  be  proved  by  at least  two  witnesses, neither of whom shall be the person who performed the act of revocation.  (b) In addition to the methods set forth in paragraph (a), a will  may be  revoked  or  altered  by a nuncupative or holographic declaration of revocation or alteration made in the circumstances prescribed  by  3-2.2 by  any  person  therein authorized to make a nuncupative or holographic will.  Any such nuncupative declaration of revocation or alteration must be clearly established by at least two witnesses; any  such  holographic declaration, by an instrument written entirely in the handwriting of the testator,  although  not  executed  and  attested in accordance with the formalities prescribed by this article for the execution and attestation of a will.  (c) The revocation of a will, as provided in this section, revokes all codicils thereto.
NY Est Pow & Trusts L § 3-4.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 4 - Revocation of Wills and Related Subjects 3-4.2 - Agreement to Convey Property Previously Disposed of by Will Not a Revocation

§ 3-4.2 Agreement  to convey property previously disposed of by will nota revocationAn agreement made by a testator to convey any property does not revoke   a prior testamentary disposition of such  property;  but  such  property   passes  under  the will to the beneficiaries, subject to whatever rights   were created by such agreement.
NY Est Pow & Trusts L § 3-4.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 4 - Revocation of Wills and Related Subjects 3-4.3 - Revocatory Effect of a Conveyance, Settlement or Other Act Affecting Property Previously Disposed of by Will

§ 3-4.3 Revocatory  effect  of  a  conveyance,  settlement  or other actaffecting property previously disposed of by willA conveyance, settlement or other act of a testator by which an estate   in his property, previously disposed of by  will,  is  altered  but  not   wholly  divested does not revoke such disposition, but the estate in the   property that remains  in  the  testator  passes  to  the  beneficiaries   pursuant  to  the disposition.  However, any such conveyance, settlement   or other act of the testator which  is  wholly  inconsistent  with  such   previous testamentary disposition revokes it.
NY Est Pow & Trusts L § 3-4.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 4 - Revocation of Wills and Related Subjects 3-4.4 - Conveyance of Property of an Incompetent or Conservatee, Previously Disposed of Specifically by Will, Not Revocation or Ademption

§ 3-4.4 Conveyance   of  property  of  an  incompetent  or  conservatee,previously disposed of specifically by will, not revocation orademptionIn the case of a sale or other transfer by a committee or conservator,   during the lifetime of its incompetent or conservatee, of  any  property   which  such  incompetent  or  conservatee  had  previously  disposed  of   specifically by will when he was competent or able  to  manage  his  own   affairs, and no order had been entered setting aside the adjudication of   incompetency   at   the   time  of  such  incompetent's  death,  or  the   conservatorship continued through the date of the  conservatee's  death,   the beneficiary of such specific disposition becomes entitled to receive   any  remaining money or other property into which the proceeds from such   sale or transfer may be traced.
NY Est Pow & Trusts L § 3-4.5 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 4 - Revocation of Wills and Related Subjects 3-4.5 - Insurance Proceeds From Specific Disposition Not Subject to Ademption

§ 3-4.5 Insurance  proceeds  from  specific  disposition  not subject toademptionWhere insurance proceeds from property which  was  the  subject  of  a   specific disposition are paid after the testator's death, such proceeds,   to  the  extent  received by the personal representative, are payable by   him to the beneficiary of such disposition; and such proceeds retain the   character of a specific disposition for all  other  purposes,  including   12-1.2 and 13-1.3.