NY Est Pow & Trusts L § 14-1.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 14 - Repealer; Derivation and Distribution Tables; Effective Date Part 1 - Laws Repealed by This Chapter 14-1.1 - Schedule of Laws Repealed; Effect of Repeal

§ 14-1.1  Schedule of laws repealed; effect of repeal  (a)   The following are the laws repealed in their entirety, except as specifically noted: Decedent Estate Law........ All General Obligations Law.... Article 5, section 5-701, subdivisions 4,                               7 and 8 Personal Property Law...... Article 2 -- All                             Article 2-A -- All                             Article 3 -- sections 32, 32-a and 36                             Article 8-A -- All                             Article 10-A -- All Real Property Law.......... Article 3 -- All                             Article 4 -- All, except sections 119, 120,                               120-a, 121, 122, 122-a, 123                             Article 5 -- All  (b) Notwithstanding the repeal of the  laws  prescribed  by  paragraph (a):  (1)  Whenever  any  repealed  statute,  that  has,  in substance, been carried over into this chapter, contained a provision  which  made  such statute,  or a provision thereof, inapplicable to the estates of persons dying, or to instruments executed, prior to  its  effective  date,  such applicability  provision is incorporated into this chapter and made part of the specified section thereof to which it relates,  as  if  expressly included therein, to wit: (A) Decedent Estate Law  (i) Section 26 -- as set forth in Laws of 1955, c.225, §2 ............ ..................................................... 11-1.1 (b) (5) (F)  (ii) Section 28 -- as set forth in Laws of 1931, c.562, §10 .......... .................................................................. 5-3.4  (iii) Section 35 -- as set forth in Laws of 1931, c.562, §10 ......... .................................................................. 5-1.3  (iv)  Section  36 -- to the extent that it was made applicable only to wills of persons adjudicated incompetent on or after March 1, 1965 ..... .................................................................. 3-4.4  (v) Section 46 -- as set forth in Laws of 1931, c.562, §10 ..... 3-3.8  (vi) Section 47-a -- to the extent that it was made applicable only to wills of persons dying after April 30, 1921 ...................... 2-1.2  (vii) Section 47-b -- to the extent that it was made  applicable  only to wills of persons dying after May 12, 1936 ..................... 3-3.9  (viii)  Section  47-c  --  to  the  extent that it has been judicially construed to apply only to  wills and  inter vivos instruments  executed after March 28, 1938 ............................................. 2-1.1  (ix) Section 47-d -- to the extent that it was made applicable only to wills executed after August 31, 1947 ..................... 13-1.3(a) (2)  (x) Subdivision 7 of section 47-e ........................... 3-1.3(b)  (xi) Section 47-g -- to the extent that it was made applicable only to wills of persons living on or born subsequent to June 1, 1966 .... 3-3.7  (xii) Section 49 -- to the extent that it was made applicable only  to wills of persons dying, or inter vivos instruments executed, on or after March  1,  1964,  and  to inter vivos instruments executed prior to such date which are, on such date, subject to the  creator's  power to revoke or amend ......................................................... 2-1.3  (xiii) Section 83 -- as set forth in the Laws of 1959, c.689  and  the Laws of 1963, c.712, §2 .......................................... 4-1.1  (xiv) Section 83-a -- to the extent that it was made applicable to the estates of persons dying on or after March 1, 1964 ............... 4-1.2  (xv) Subdivision 6 of section 89 ............................... 2-1.6  (xvi) Subdivision 8 of section 124 ............................. 2-1.8  (xvii)  Section  125 -- to the extent that it was made applicable only to wills of persons dying after May 2, 1936; and     as  affected  by  the  Laws  of  1966,  c. 16, §2, which removed the     limitation that the testator could not authorize a fiduciary to name     a successor to serve without a bond, and made such change  effective     on March 8, 1966 and applicable to letters issued after such date to     executors  and  testamentary  trustees  qualifying  under  wills  of     decendents dying after May second, nineteen hundred  thirty-six  ...     11-1.7 (B) Personal Property Law  (i) Section 11 -- as set forth in Laws of 1960, c.448, §4 ...... 9-1.1  (ii) Section 11-a -- as set forth in Laws of 1960, c.452, §5 ... 9-1.2  (iii) Section 11-b -- as set forth in Laws of 1960, c.452, §5 ........ .................................................................. 9-1.3  (iv) Section 12 -- as set forth in Laws of 1953, c.715, §3 and Laws of 1961, c.866, §7 .................................................. 8-1.1  (v) Section 13-e -- as set forth in Laws of 1965, c.401, §2 .... 9-1.8  (vi) Subdivision 2 of section 15 ............................... 7-1.5  (vii) Section 16 -- as set forth in Laws of 1961, c.866, §7 .... 9-2.1  (viii) Section 16-a -- as set forth in Laws of 1961, c.866, §7 ....... .................................................................. 8-1.7  (ix) Section 17 -- as set forth in Laws of 1959, c.453, §4 ..... 9-2.2  (x) Section 21 -- as set forth in Laws of 1965, c.824 ................ ........................................................... 11-2.2(a)(7) (C) Real Property Law  (i)  Section 42 -- as set forth in Laws of 1958, c.153, §2, as amended by Laws of 1959, c.456, §3 and Laws of 1960, c.448, §4 ........ 9-1.1(a)  (ii) Section 42-b -- as set forth in Laws of 1960, c.452, §5 ... 9-1.2  (iii) Section 42-c -- as set forth in Laws of 1960, c.452, §5 ........ .................................................................. 9-1.3  (iv) Section 59 -- as set forth in Laws of 1962, c.146, §3 ..... 6-5.1  (v) Section 61 -- as set forth in Laws of 1959, c.454, §4 and Laws  of 1961, c.866, §7 .................................................. 9-2.1  (vi)  Section 61-a -- as set forth in Laws of 1959, c.454, §4 and Laws of 1961, c.866, §7 ............................................... 8-1.7  (vii) Section 62 -- as set forth in Laws of 1959, c.454, §4 .... 9-2.2  (viii) Section 110 -- as set forth in Laws of 1953, c.131, §2 ........ .................................................................. 7-1.8  (ix) Section 113 -- as set forth in Laws of 1953, c.715, §3  and  Laws of 1961, c.866, §7 ............................................... 8-1.1  (2)  Any repealed statute shall continue to apply to any instrument to which it would have applied had it not been  repealed,  whenever,  under 1-1.5,  such instrument is not subject to the provisions of this chapter either because its creator was not living on the effective date of  this chapter  or because rights accrued under such instrument which cannot be impaired or defeated by this chapter.  (3) A reference in any statute of this state to any repealed law or  a provision  thereof  shall be treated as a reference to the corresponding statute or a provision thereof, if any, of this chapter.