West Indies: Section. execution of commission in, in proceeding to discover death of life-tenant.... 2313 Westchester County: subpoena for New York city court may be served in id., as to warrant to arrest witness for not obeying subpœna. sheriff's fees for collecting money in, on attachment, execution, etc. 3307, subd. 7 surrogate may appoint stenographer; his salary summons to be served in, in actions brought in city court of Yonkers. right of, to dower (see DOWER). Widow: may waive rule excluding testimony of physician, when validity of husband's 836 of mortgagor, or of subsequent grantees; notice of sale, in foreclosure by ad- effect of judgment establishing; letters testamentary to be issued by 1862-1864 court may appoint receiver on death of sole surviving executor. 1869 1865 1866 id., as to subscribing witness entitled to a share of property. child born after making of, may sue legatees or devisees to recover his share of 1868 1868 791, subd. 5 charging debt on realty descended or devised; effect of, on liability of heirs and 1859 realty of infant, lunatic, etc., not to be sold or mortgaged, etc., contrary to pro- 2357 surrogate's court has jurisdiction to admit wills to probate, etc. 2510 surrogate's court of which county to exercise such jurisdiction 2515, 2516 2769 when surrogate disqualified to act.... 2476 to be recorded in book kept by surrogate, with decree of probate. .2486, 2487, 2620 2499 2768 probate of: who may propound will, viz., executor, legatee, devisee, etc. notice of objection filed to be given to legatees, devisees, etc. 2618 proceedings on contested probate.. 2619 subscribing witnesses examined; when other witnesses may be. 2611 if witness absent, his testimony may be dispensed with or his deposi- if all witnesses absent, incompetent, etc., proof of handwriting to be 2612 2612 2612 if there is no contest, clerk of surrogate's court may take proof of will. 2502 CONSTI Will-Continued. Section. 836 if attorney is a subscribing witness, he may testify. 836 2543, 2544 provision for witness in will does not disqualify him from testifying. 2545 proceeding against persons suspected of destroying, retaining, or conceal- surrogate to be satisfied that will is genuine and legally executed. 2613 2607 2614 2614 when validity, construction or effect of disposition of property may be de- 2510, 2615 when surrogate to order trial by jury, in proceeding for probate of will, if written will probated, it is filed in surrogate's office. 2538, 2539 if testator was a non-resident, certified copy of will and letters sent to 2020 2489 when surrogate may cause will to be sent to another state or country.. 2620 in New York county, probate case may be transferred to supreme court 2536 contested probate proceedings heard at trial term of surrogate's 2538 court. rule as to award of costs to unsuccessful contestant. 2506 how far probate of will is conclusive. 2746 certificate that will has been admitted to probate, to be indorsed thereon or 2550 2621 probate of wills of U. S. citizens domiciled in kingdom of Great Britain exemplifications of wills probated and recorded, to be admissible in evi- will or copy so authenticated, to be evidence of contents, etc. how annuities, dividends, etc., made payable by, are to be apportioned. 2557 2674 1352 Will - Continued. Section. 3252 additional allowance in action to procure an adjudication upon a... Witness: not to be excluded from court-room, even when public are excluded 108, 199 828 but not as to personal transaction with person now dead or insane; excep- .829, 830 husband or wife of party or person interested may testify. person convicted of crime may testify. conviction may be proved to affect his credibility; how proved... physicians and professional nurses not to disclose information obtain- these rules as to clergymen, physicians, nurses, and attorneys 836 id., when validity of will is in question. 836 when physician or nurse of hospital or dispensary may be re- attorney who is subscribing witness to will may testify in pro- 836 836 witness not required to criminate himself, nor to expose himself to 523, 837 such testimony sometimes required, but cannot afterwards be testimony of party, taken at instance of adverse party, may be 838 member of corporation; when admissions of, are receivable against 839 under what circumstances surveyor may testify as to survey of lands, 841a 7 officer, board, committee, having power to examine, may administer, 843 when secured by writ of habeas corpus (see HABEAS CORPUs). but not, unless witness makes oath that he was legally subpoenaed 863 865 same rules apply to person required by judgment or order to attend, may testify to correctness of copy of minutes of justice of the peace 915 940 942 950 convenience of witnesses; venue may be changed for Witness-Continued. contempt by; what acts or omissions constitute criminal contempt. may be imprisoned for nonpayment of interlocutory costs. may be required by arbitrators to attend before them.. not excused from answering questions to show fraud on his part. Section. 8 14 15 2370 2444 2460 in surrogates' courts; surrogate may issue subpoena, or subpoena duces tecum, to, 2490 depositions of; when and how taken.. 2543, 2544 testimony of; stenographic minutes taken, written out, filed and bound in 2497, 2498 to execution of will; subscribing witness (see WILL). in courts of justices of the peace (see JUSTICE OF THE PEACE)..2669–2987, 3000- fees of; included as disbursements in bill of costs.. to be paid by party obtaining an adjournment. amount of, in bill of costs, to be proved by affidavit. 2752 3005, 3140, 3151 3256 3255 3259 in surrogates' courts. (See EVIDENCE; PERPETUATION OF TESTIMONY; SUBSCRIBING WITNESS.) Woman: parties or attorneys testifying for their own side, not entitled to. 3267 3288 .3318, 3319, 3327, 3328 2752 may be admitted to the bar. prisoner; to be kept separate from male prisoners. not subject to arrest, in actions in justices' courts.. not to be arrested in civil action, except for wilful wrongs, etc.. 56 124 553 2804 plaintiff; physical examination of, by order of court, to be by female physician 873 homestead exemption of.. execution against person of; when permissible.. 1392 may recover for slander against her chastity, without proof of special damage. 1906 (See WIDOW; MATRIMONIAL ACTIONS.) married (see HUSBAND AND WIFE). Wood: action for cutting down, or carrying off, from another's land; damages. . 1667, 1668 Words (see DEFINITIONS), Writ: form and language of; abbreviations in; teste of; return of; subscription of. of possession; on judgment for recovery of possession of land. of quo warranto; abolished... of inquiry; may be issued, if plaintiff does not answer or demur to counter-claim 515 included in the judgment-roll. when new writ may be issued. on execution of, in action for waste, a view of the property is not necessary 1659 in New York city court, party awarded damages by, may remit part 1232 1237 1904 depositions taken within the State may be read in evidence upon a. 3176 881 888 -3307, subd. 5 3316 1991 to be under seal of court. 1992 1993 fees of jurors.. state writs; enumerated. applied for by attorney-general or district attorney, when people are a when relator joined with people; how parties designated.. 1994 parties may appear by attorney; return to be under defendant's hand.. 1995 when returnable; how served.. 1997 1998, 1999 2007 non-payment of costs awarded upon, punishable as a contempt. (See MANDATE; PROCESS; EXECUTION; RETURN.) Wyoming County: fees of constables and deputy sheriffs; compensation of grand and petit jurors Years, Estate for (see ESTATE; LANDLORD AND TENANT; LEASE; SUMMARY PRO- Yonkers: petition in summary dispossess proceedings, presented to city judge of. |