State Codes and Statutes

Statutes > New-york > Rpp > Article-6 > 201

§  201.  When  deemed to have elected. Where a woman is entitled to an  election, as prescribed in either of  the  last  two  sections,  she  is  deemed  to  have  elected  to  take  the  jointure,  devise or pecuniary  provision, unless within six months after the death of her  husband  she  enters  upon  the  lands  assigned to her for her dower, or commences an  action for her dower. But, during such period of six  months  after  the  death  of  her  said  husband,  her  time  to  make such election may be  enlarged by the order of any court competent to pass on the accounts  of  executors,  administrators  or  testamentary  trustees,  or to admeasure  dower, on an affidavit showing the pendency of a proceeding  to  contest  the  probate  of  the will containing such jointure, devise or pecuniary  provision, or of an action to construe or set aside such will,  or  that  the  amount  of  claims  against  the  estate of the testator can not be  ascertained within the period so limited, or other reasonable cause, and  on notice given to such persons, and in such manner, as such  court  may  direct. Such order shall be indexed and recorded in the same manner as a  notice  of  pendency of action in the office of the clerk of each county  wherein the real property or  a  portion  thereof  affected  thereby  is  situated.

State Codes and Statutes

Statutes > New-york > Rpp > Article-6 > 201

§  201.  When  deemed to have elected. Where a woman is entitled to an  election, as prescribed in either of  the  last  two  sections,  she  is  deemed  to  have  elected  to  take  the  jointure,  devise or pecuniary  provision, unless within six months after the death of her  husband  she  enters  upon  the  lands  assigned to her for her dower, or commences an  action for her dower. But, during such period of six  months  after  the  death  of  her  said  husband,  her  time  to  make such election may be  enlarged by the order of any court competent to pass on the accounts  of  executors,  administrators  or  testamentary  trustees,  or to admeasure  dower, on an affidavit showing the pendency of a proceeding  to  contest  the  probate  of  the will containing such jointure, devise or pecuniary  provision, or of an action to construe or set aside such will,  or  that  the  amount  of  claims  against  the  estate of the testator can not be  ascertained within the period so limited, or other reasonable cause, and  on notice given to such persons, and in such manner, as such  court  may  direct. Such order shall be indexed and recorded in the same manner as a  notice  of  pendency of action in the office of the clerk of each county  wherein the real property or  a  portion  thereof  affected  thereby  is  situated.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpp > Article-6 > 201

§  201.  When  deemed to have elected. Where a woman is entitled to an  election, as prescribed in either of  the  last  two  sections,  she  is  deemed  to  have  elected  to  take  the  jointure,  devise or pecuniary  provision, unless within six months after the death of her  husband  she  enters  upon  the  lands  assigned to her for her dower, or commences an  action for her dower. But, during such period of six  months  after  the  death  of  her  said  husband,  her  time  to  make such election may be  enlarged by the order of any court competent to pass on the accounts  of  executors,  administrators  or  testamentary  trustees,  or to admeasure  dower, on an affidavit showing the pendency of a proceeding  to  contest  the  probate  of  the will containing such jointure, devise or pecuniary  provision, or of an action to construe or set aside such will,  or  that  the  amount  of  claims  against  the  estate of the testator can not be  ascertained within the period so limited, or other reasonable cause, and  on notice given to such persons, and in such manner, as such  court  may  direct. Such order shall be indexed and recorded in the same manner as a  notice  of  pendency of action in the office of the clerk of each county  wherein the real property or  a  portion  thereof  affected  thereby  is  situated.