2023 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Estates, Powers and Trusts › Article 14 - Repealer; Derivation and Distribution Tables; Effective Date › Part 1 - Laws Repealed by This Chapter › 14-1.1 - Schedule of Laws Repealed; Effect of Repeal

§ 14-1.1  Schedule of laws repealed; effect of repeal
(a)   The following are the laws repealed in their entirety, except as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(1)  Whenever  any  repealed  statute,  that  has,  in substance, been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.