New York Laws > Estates, Powers and Trusts > Fiduciary: Powers, Duties And Limitations; Actions By Or Against In Representative Or Individual Capacities

 
                                 ARTICLE 11
 
          FIDUCIARY: POWERS, DUTIES AND LIMITATIONS; ACTIONS BY OR
             AGAINST IN REPRESENTATIVE OR INDIVIDUAL CAPACITIES
 
             PART 1. FIDUCIARIES: POWERS, DUTIES AND LIMITATIONS
 
  Section 11-1.1    Fiduciaries' powers.
          11-1.2    Tax elections by personal representatives.
          11-1.3    Power and duty of executor before probate.
          11-1.4    Validity  of  execution  of power to sell, mortgage or
                      lease real property  by  less  than  all  qualifying
                      executors.
          11-1.5    Payment  of  testamentary dispositions or distributive
                      shares.
          11-1.6    Property held as fiduciary to be kept separate.
          11-1.7    Limitations on powers and immunities of executors  and
                      testamentary trustees.
          11-1.8    Power  of  fiduciary  or  custodian  for  fiduciary to
                      deposit  United   States   government   and   agency
                      securities with a federal reserve bank.
          11-1.9    Power  of Fiduciary or Custodian to Deposit Securities
                      in a Central Depository.
          11-1.10   Power  of  fiduciary  to  employ  a  broker-dealer  as
                      custodian
          11-1.11   Limited  power of fiduciary to amend trust for certain
                      tax purposes.
 
                     PART 2. INVESTMENTS BY FIDUCIARIES:
                     POWERS AND DUTIES RELATING THERETO
 
  Section 11-2.1    Principal and income.
          11-2.2    Power to invest.
          11-2.3    Prudent investor act.
          11-2.3-A  Judicial control with respect to fiduciary's power  to
                      adjust
          11-2.4    Optional unitrust provision.
 
           PART 3. ACTIONS BY OR AGAINST PERSONAL REPRESENTATIVES
 
  Section 11-3.1    Actions.
          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.
          11-3.3    Limitations upon recovery where injury causes death.
          11-3.4    Action by representative of representative.
 
             PART 4. PROCEDURAL ASPECTS OF ACTIONS BY OR AGAINST
                          PERSONAL REPRESENTATIVES
 
  Section 11-4.1    How to sue or be sued.
          11-4.2    When  personal and representative causes of action may
                      be joined.
          11-4.3    Separate dockets and executions.
          11-4.4    Commencement    of     action     against     personal
                      representatives;  rule  when some of representatives
                      not served.
          11-4.5    Want  of  assets  not  to  be  pleaded   by   personal
                      representative.
          11-4.6    Leave    to    issue    execution   against   personal
                      representative; how  procured;  order  and  contents
                      thereof; security before order granted; execution on
                      judgment recovered by predecessor representative.
          11-4.7    Liability  of  the  personal representative for claims
                      arising out of the administration of the estate.