reglab/housing_qa huggingface dataset:
NY Est Pow & Trusts L § 3-4.6 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 3 - Substantive Law of Wills Part 4 - Revocation of Wills and Related Subjects 3-4.6 - Revocation or Alteration of Later Will Not to Revive Prior Will or Any Provisions Thereof

§ 3-4.6 Revocation  or alteration of later will not to revive prior will           or any provisions thereof  (a) If after executing a will the testator executes a later will which revokes or alters the prior one, a revocation of  the  later  will  does not, of itself, revive the prior will or any provision thereof.  (b)  A revival of a prior will or of one or more of its provisions may be effected by:  (1) The  execution  of  a  codicil  which  in  terms  incorporates  by reference such prior will or one or more of its provisions.  (2)  A  writing  declaring the revival of such prior will or of one or more of its provisions, which is executed  and  attested  in  accordance with  the  formalities  prescribed by this article for the execution and attestation of a will.  (3) A republication of  such  prior  will,  whether  to  the  original witnesses  or  to  new witnesses, which shall require a re-execution and re-attestation of the prior will  in  accordance  with  the  formalities prescribed by 3-2.1.
NY Est Pow & Trusts L § 4-1.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 4 - Descent and Distribution of an Intestate Estate Part 1 - Rules Governing Intestate Succession 4-1.4 - Disqualification of Parent to Take Intestate Share

§ 4-1.4 Disqualification of parent to take intestate share  (a)  No  distributive share in the estate of a deceased child shall be allowed to a parent if the parent, while such child is under the age  of twenty-one years:  (1)  has  failed  or refused to provide for the child or has abandoned such child, whether or not such child dies before  having  attained  the age of twenty-one years, unless the parental relationship and duties are subsequently resumed and continue until the death of the child; or  (2)  has  been  the  subject of a proceeding pursuant to section three hundred eighty-four-b of the social services law which:  (A) resulted in an order terminating parental rights, or  (B) resulted in an order  suspending  judgment,  in  which  event  the surrogate's court shall make a determination disqualifying the parent on the  grounds  adjudicated  by the family court, if the surrogate's court finds, by a preponderance of the evidence, that the parent,  during  the period  of  suspension,  failed to comply with the family court order to restore the parent-child relationship.  (b) Subject to the provisions of  subdivision  eight  of  section  two hundred  thirteen of the civil practice law and rules, the provisions of subparagraph one of paragraph (a) of this section shall not apply  to  a biological parent who places the child for adoption based upon:  (1)  a  fraudulent  promise, not kept, to arrange for and complete the adoption of such child, or  (2) other fraud or deceit by the person or agency  where,  before  the death  of  the  child,  the  person  or  agency fails to arrange for the adoptive placement or petition for the adoption of the child, and  fails to  comply  timely with conditions imposed by the court for the adoption to proceed.  (c) In the event that a parent or spouse is disqualified from taking a distributive share in the estate of a decedent  under  this  section  or 5-1.2,  the  estate  of such decedent shall be distributed in accordance with 4-1.1 as though such spouse or parent had predeceased the decedent.
NY Est Pow & Trusts L § 4-1.5 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 4 - Descent and Distribution of an Intestate Estate Part 1 - Rules Governing Intestate Succession 4-1.5 - Other Disqualifications

§ 4-1.5 Other disqualificationsNo  estate  property, whether passing by intestacy or otherwise, which   has its situs in this state, shall pass to any other state or  territory   of  the  United  States, or to any foreign country or sovereignty in the   event of the absence of an  individual  heir,  distributee,  legatee  or   owner  of  said  property,  but  shall pass as abandoned property to the   state of New York, and shall be held as such property  pursuant  to  the   abandoned property law.
NY Est Pow & Trusts L § 4-1.6 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 4 - Descent and Distribution of an Intestate Estate Part 1 - Rules Governing Intestate Succession 4-1.6 - Disqualification of Joint Tenant in Certain Instances

§ 4-1.6 Disqualification of joint tenant in certain instancesNotwithstanding  any  other  provision of law to the contrary, a joint   tenant convicted of murder in the second degree as  defined  in  section   125.25  of  the  penal  law  or murder in the first degree as defined in   section 125.27 of the penal law of another joint  tenant  shall  not  be   entitled  to  the  distribution  of  any  monies in a joint bank account   created  or contributed to by the  deceased  joint  tenant,  except  for   those monies contributed by the convicted joint tenant.Upon  the  conviction  of  such joint tenant of first or second degree   murder and upon application by the prosecuting attorney, the  court,  as   part  of  its sentence, shall issue an order directing the amount of any   joint bank account to be distributed pursuant to the provisions of  this   section  from  the  convicted  joint  tenant  and  to the deceased joint   tenant's estate. The court and the prosecuting attorney shall each  have   the  power to subpoena records of a banking institution to determine the   amount of money in such bank account and by whom deposits were made. The   court shall also have the power to freeze such account upon  application   by  the prosecuting attorney during the pendency of a trial for first or   second degree murder. If, upon receipt of such court orders described in   this section, the banking  institution  holding  monies  in  such  joint   account  complies  with the terms of the order, such banking institution   shall be held free from all liability for the distribution of such funds   as were in such joint account. In the absence of actual or  constructive   notice  of  such  order,  the banking institution holding monies in such   account shall be held harmless for distributing the money  according  to   its ordinary course of business.For  purposes of this section, the term banking institution shall have   the same meaning as provided for in paragraph (b) of  subdivision  three   of section nine-f of the banking law.
NY Est Pow & Trusts L § 5-1.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 5 - Family Rights Part 1 - Rights of Surviving Spouse 5-1.2 - Disqualification as Surviving Spouse

§ 5-1.2 Disqualification as surviving spouse  (a)  A  husband  or wife is a surviving spouse within the meaning, and for the purposes of 4-1.1,  5-1.1,  5-1.1-A,  5-1.3,  5-3.1  and  5-4.4, unless it is established satisfactorily to the court having jurisdiction of the action or proceeding that:  (1)  A  final decree or judgment of divorce, of annulment or declaring the nullity of a marriage or dissolving such marriage on the  ground  of absence,  recognized as valid under the law of this state, was in effect when the deceased spouse died.  (2) The marriage was void as incestuous  under  section  five  of  the domestic  relations  law,  bigamous  under  section  six  thereof,  or a prohibited remarriage under section eight thereof.  (3) The spouse had procured outside of this state a  final  decree  or judgment  of divorce from the deceased spouse, of annulment or declaring the nullity of the marriage with the deceased spouse or dissolving  such marriage on the ground of absence, not recognized as valid under the law of this state.  (4)  A  final  decree  or  judgment of separation, recognized as valid under the law of this state, was rendered against the spouse,  and  such decree or judgment was in effect when the deceased spouse died.  (5)  The  spouse  abandoned  the deceased spouse, and such abandonment continued until the time of death.  (6) A spouse who, having the duty to support the other spouse,  failed or  refused to provide for such spouse though he or she had the means or ability to do so, unless such marital duty  was  resumed  and  continued until the death of the spouse having the need of support.
NY Est Pow & Trusts L § 5-1.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 5 - Family Rights Part 1 - Rights of Surviving Spouse 5-1.3 - Revocatory Effect of Marriage After Execution of Will

§ 5-1.3 Revocatory effect of marriage after execution of will  (a)  If  the testator leaves a will executed prior to September first, nineteen hundred thirty and marries at any  time  after  such  will  was executed,  the  spouse who survives such testator is entitled to succeed to the same portion of the testator's estate as  would  have  passed  to such  spouse  had the testator died intestate, unless provision was made for the surviving spouse  by  ante  nuptial  agreement  in  writing.  No evidence  shall  be  admissible  to  impair  or  defeat  the rights of a surviving spouse hereunder except to establish  the  existence  of  such ante nuptial agreement.  (b)  A  surviving  spouse  may  recover  the portion of the testator's estate  to  which  he  is  entitled  under   this   section   from   the beneficiaries,  ratably,  out  of  the portions of the estate passing to such  persons  under  the  will.  In  abating  the  interests   of   the beneficiaries  the  character  of  the  testamentary plan adopted by the testator shall be preserved to the maximum extent possible.  (c) A surviving spouse may waive his right under this  section  to  an intestate share of the testator's estate, and may accept in lieu thereof any benefits he may have received, in whatever status, under the will.
NY Est Pow & Trusts L § 5-3.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 5 - Family Rights Part 3 - Rights of Family Unit 5-3.4 - Action in Supreme Court by Child Born After Execution of Will, by Surviving Spouse Upon Revocation of Will by Marriage or by Subscribing Witness With

§ 5-3.4 Action  in  supreme court by child born after execution of will,by surviving spouse upon revocation of will by marriage or  bysubscribing witness with interest under willIn  the  event  that  the administration of a decedent's estate in the   surrogate's court has been completed  and  the  estate  distributed,  an   action  may  be  maintained  in the supreme court by an after-born child   under 5-3.2, a surviving spouse under  5-1.3  or  an  attesting  witness   under  3-3.2  to enforce rights under such sections against testamentary   beneficiaries or distributees, as the case may be.
NY Est Pow & Trusts L § 5-4.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 5 - Family Rights Part 4 - Rights of Members of Family Resulting From Wrongful Act, Neglect or Default Causing Death of Decedent 5-4.1 - Action by Personal Representative for Wrongful Act, Neglect or Default Causing Death of Decedent

§ 5-4.1 Action  by  personal representative for wrongful act, neglect ordefault causing death of decedent1. The personal representative, duly appointed in this  state  or  any   other  jurisdiction,  of  a decedent who is survived by distributees may   maintain an action to recover damages for a  wrongful  act,  neglect  or   default  which  caused  the  decedent's death against a person who would   have been liable to the decedent by reason of such wrongful  conduct  if   death  had not ensued. Such an action must be commenced within two years   after the decedent's death; provided, however, that an action on  behalf   of  a  decedent  whose  death  was  caused  by  the terrorist attacks on   September eleventh, two thousand one, other than a  decedent  identified   by  the  attorney  general  of  the  United  States  as a participant or   conspirator in such attacks, must be commenced within two years and  six   months  after  the  decedent's  death.  When  the  distributees  do  not   participate in the administration of the decedent's estate under a  will   appointing   an   executor   who  refuses  to  bring  such  action,  the   distributees  are  entitled  to  have  an  administrator  appointed   to   prosecute the action for their benefit.2.  Whenever  it  is  shown  that a criminal action has been commenced   against the same defendant with respect to the event or occurrence  from   which  a claim under this section arises, the personal representative of   the decedent shall have at least one year from the  termination  of  the   criminal action as defined in section 1.20 of the criminal procedure law   in  which  to maintain an action, notwithstanding that the time in which   to commence such action has already expired or  has  less  than  a  year   remaining.
NY Est Pow & Trusts L § 5-4.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 5 - Family Rights Part 4 - Rights of Members of Family Resulting From Wrongful Act, Neglect or Default Causing Death of Decedent 5-4.2 - Trial and Burden of Proof of Contributory Negligence

§ 5-4.2 Trial and burden of proof of contributory negligenceOn  the  trial  of an action accruing before September first, nineteen   hundred  seventy-five  to  recover  damages  for   causing   death   the   contributory  negligence  of  the  decedent  shall  be  a defense, to be   pleaded and proved by the defendant.
NY Est Pow & Trusts L § 5-4.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 5 - Family Rights Part 4 - Rights of Members of Family Resulting From Wrongful Act, Neglect or Default Causing Death of Decedent 5-4.3 - Amount of Recovery

§ 5-4.3 Amount of recovery  (a)  The  damages awarded to the plaintiff may be such sum as the jury or, where issues of fact are tried without a jury, the court or  referee deems  to  be  fair  and  just  compensation  for the pecuniary injuries resulting from the decedent's death to the persons for whose benefit the action is brought.   In every such action,  in  addition  to  any  other lawful  element  of  recoverable  damages,  the  reasonable  expenses of medical aid, nursing and attention incident to the injury causing  death and  the  reasonable  funeral  expenses  of  the  decedent  paid  by the distributees,  or  for  the  payment  of  which   any   distributee   is responsible, shall also be proper elements of damage.  Interest upon the principal sum recovered by the plaintiff from the date of the decedent's death shall be added to and be a part of the total sum awarded.  (b)  Where  the  death  of  the  decedent occurs on or after September first, nineteen hundred eighty-two, in addition to damages and  expenses recoverable  under  paragraph (a) above, punitive damages may be awarded if such damages would have been recoverable had the decedent survived.  (c) (i) In any  action  in  which  the  wrongful  conduct  is  medical malpractice  or  dental  malpractice,  evidence  shall  be admissible to establish the federal, state and local personal income taxes  which  the decedent would have been obligated by law to pay.  (ii) In any such action tried by  a jury, the court shall instruct the jury  to consider the amount of federal, state and local personal income taxes which the jury finds, with reasonable certainty, that the decedent would have been obligated by law to pay  in  determining  the  sum  that would  otherwise  be  available  for the support of persons for whom the action is brought.  (iii) In any such  action  tried  without  a  jury,  the  court  shall consider  the  amount  of federal, state and local personal income taxes which the court finds, with  reasonable  certainty,  that  the  decedent would  have  been  obligated  by  law to pay in determining the sum that would otherwise be available for the support of  persons  for  whom  the action is   brought.
NY Est Pow & Trusts L § 5-4.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 5 - Family Rights Part 4 - Rights of Members of Family Resulting From Wrongful Act, Neglect or Default Causing Death of Decedent 5-4.4 - Distribution of Damages Recovered

§ 5-4.4 Distribution of damages recovered  (a)  The  damages,  as  prescribed  by  5-4.3, whether recovered in an action or by settlement without  an  action,  are  exclusively  for  the benefit  of  the  decedent's  distributees and, when collected, shall be distributed to the persons  entitled  thereto  under  4-1.1  and  5-4.5, except  that where the decedent is survived by a parent or parents and a spouse and no issue,  the  parent  or  parents  will  be  deemed  to  be distributees  for  purposes  of  this  section.  The  damages  shall  be distributed subject to the following:  (1)  Such damages shall be distributed by the personal  representative to  the persons entitled thereto in proportion to the pecuniary injuries suffered by them, such proportions to be determined after a hearing,  on application  of  the personal representative or any distributee, at such time and on notice to all interested persons in such manner as the court may direct.  If no action is brought, such determination shall  be  made by  the  surrogate  of  the  county  in which letters were issued to the plaintiff; if an action is brought, by the court having jurisdiction  of the  action  or  by  the  surrogate  of the county in which letters were issued.  (2)   The court which determines  the  proportions  of  the  pecuniary injuries  suffered by the distributees, as provided in subparagraph (1), shall also decide any question  concerning  the  disqualification  of  a parent, under 4-1.4, or a surviving spouse, under 5-1.2, to share in the damages recovered.  (b)    The  reasonable  expenses  of  the action or settlement and, if included in the damages recovered, the reasonable  expenses  of  medical aid,  nursing and attention incident to the injury causing death and the reasonable funeral expenses of the decedent may be fixed  by  the  court which  determines  the proportions of the pecuniary injuries suffered by the distributees, as provided in subparagraph (1), upon notice given  in such  manner  and  to  such  persons  as  the court may direct, and such expenses may be deducted from the damages recovered.  The commissions of the personal representative  upon  the  residue  may  be  fixed  by  the surrogate,  upon  notice given in such manner and to such persons as the surrogate may direct or upon the judicial settlement of the  account  of the  personal  representative, and such commissions may be deducted from the damages recovered.  (c)  In the event that an action is brought,  as  authorized  in  this part, and there is no recovery or settlement, the reasonable expenses of such  unsuccessful  action, excluding counsel fees, shall be payable out of the assets of the decedent's estate.
NY Est Pow & Trusts L § 5-4.5 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 5 - Family Rights Part 4 - Rights of Members of Family Resulting From Wrongful Act, Neglect or Default Causing Death of Decedent 5-4.5 - Non-Marital Children

§ 5-4.5 Non-marital childrenFor  the purposes of this part, a non-marital child is the distributee   of his father and paternal kindred and the father and  paternal  kindred   of  a  non-marital  child  are  that  child's distributees to the extent   permitted by 4-1.2.
NY Est Pow & Trusts L § 6-1.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property Part 1 - Estates Classified as to Duration 6-1.1 - Estates Classified

§ 6-1.1 Estates classified  (a)  Estates in property as to duration are classified as follows:  (1)  Fee simple absolute.  (2)  Fee on condition.  (3)  Fee on limitation.  (4)  Estates for life.  (5)  Estates for years.  (6)  Estates from period to period.  (7)  Estates at will.  (8)  Estates by sufferance.
NY Est Pow & Trusts L § 6-1.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property Part 1 - Estates Classified as to Duration 6-1.2 - Estates Tail Abolished; Future Estates Limited Thereon

§ 6-1.2 Estates tail abolished; future estates limited thereonEstates  tail  have  been abolished, and every estate which would be a   fee tail, according to the law of this state as it  existed  before  the   twelfth  day  of  July,  seventeen  hundred  eighty-two,  shall be a fee   simple; and if no valid future estate is limited thereon, a  fee  simple   absolute.    Where a future estate in fee is limited on any estate which   would be a fee tail, according to the law of this state  as  it  existed   previous  to  such  date,  such  future  estate  is  valid  and vests in   possession on the death of the first taker without issue living  at  the   time of his death.
NY Est Pow & Trusts L § 6-1.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property Part 1 - Estates Classified as to Duration 6-1.3 - When Estate for Life of Third Person Is Real Property; When Personal Property

§ 6-1.3 When  estate  for  life  of  third person is real property; whenpersonal propertyA disposition of real property for the life of a third person, whether   limited to heirs or otherwise, is real property only during the life  of   the grantee or devisee; after his death it is personal property.
NY Est Pow & Trusts L § 6-2.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property Part 2 - Estates Classified as to Number of Persons 6-2.1 - Estates in Severalty, Joint Tenancy, Tenancy by the Entirety and in Common

§ 6-2.1 Estates in severalty, joint tenancy, tenancy by the entirety and           in common   Estates  as  to  the  number of persons owning an interest therein are classified as follows:  (1)  In severalty.  (2)  Joint tenancy.  (3)  Tenancy in common.  (4) Only as to real property and, on and after January first, nineteen hundred ninety-six, as to the shares of stock of a cooperative apartment corporation  allocated  to  an  apartment  or  unit  together  with  the appurtenant proprietary lease, tenancy by the entirety.
NY Est Pow & Trusts L § 6-2.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property Part 2 - Estates Classified as to Number of Persons 6-2.2 - When Estate Is in Common, in Joint Tenancy or by the Entirety

§ 6-2.2 When estate is in common, in joint tenancy or by the entirety  (a) A disposition of property to two or more persons creates in them a tenancy in common, unless expressly declared to be a joint tenancy.  (b)  A  disposition  of real property to a husband and wife creates in them a tenancy by the entirety, unless expressly declared to be a  joint tenancy or a tenancy in common.  (c)  A  disposition  on  or  after  January  first,  nineteen  hundred ninety-six of the shares of stock of a cooperative apartment corporation allocated  to  an  apartment  or  unit  together  with  the  appurtenant proprietary lease to a husband and wife creates in them a tenancy by the entirety,  unless  expressly declared to be a joint tenancy or a tenancy in the common.  (d) A disposition of real property,  or  a  disposition  on  or  after January  first,  nineteen hundred ninety-six of the shares of stock of a cooperative apartment corporation allocated  to  an  apartment  or  unit together  with the appurtenant proprietary lease, to persons who are not legally married to one another but who are described in the  disposition as husband and wife, spouses, husbands, or wives creates in them a joint tenancy, unless expressly declared to be a tenancy in common.  (e)  A  disposition  of  property to two or more persons as executors, trustees or guardians creates in them a joint tenancy.  (f) Property passing in intestacy to two or more persons is  taken  by them as tenants in common.