N.Y. RPA Law § 1211 — New York Code / Act RPA / Article 12 / Section 1211
Action by joint tenant, tenant in common or tenant by the entirety for extinguishment of missing co-tenant's estate upon deposit of its v...
Status: in_force

§ 1211. Action by joint tenant, tenant in common or tenant by the\nentirety for extinguishment of missing co-tenant's estate upon deposit\nof its value.  1. Where real property is held by two or more persons in\ntheir own right as tenants in common, joint tenants or tenants by the\nentirety and one of such tenants is missing under circumstances which\nafford reasonable ground to believe that he is dead, the other tenants\nor tenant may maintain an action in the supreme court to obtain a\ndetermination of the value of the estate of the missing co-tenant and a\njudgment extinguishing the estate of the missing co-tenant upon payment\ninto court for his credit of the amount so determined to be the value of\nhis estate.\n  Persons known or unknown who are or may be the devisees or\ndistributees of a missing co-tenant may be joined as defendants in such\naction.\n  2. (a) Service upon the missing co-tenant shall be made in the manner\nprovided for service in an action in which the complaint demands\njudgment that the person to be served be excluded from a vested or\ncontingent interest in specific real property in this state. In\naddition, the court, at any stage of such action, may direct that notice\nof the action be published at or near the place where the co-tenant,\nwhen last heard from, was known or believed to be.\n  (b) The court may, in its discretion, appoint a guardian ad litem to\nrepresent the interests of the missing co-tenant, or of persons who are\nor may be his devisees or distributees.\n  3. A finding of reasonable ground to believe that the missing\nco-tenant is dead may be made, for purposes of this section, either (a)\nupon proof that the co-tenant has been absent from his usual place of\nabode for seven successsive years last past, and that a diligent search\nhas been made to discover evidence that he is living and that no such\nevidence has been found, or (b) upon proof of other circumstances from\nwhich the probability that the missing co-tenant is dead may reasonably\nbe inferred, although the period of his absence is less than seven\nyears, provided that such period is not less than one year.\n  4. Relief extinguishing the estate of the missing person shall be\ndeemed equitable and shall be granted in the discretion of the court.\nHowever, no such relief shall be granted if the court shall find as a\nfact that the missing person is dead. In such event, the judgment\ndismissing the complaint shall state such determination, but shall not\nbe deemed an adjudication of death of the missing person for any purpose\nother than the dismissal of the complaint and shall not be controlling\nin any other action or proceeding, whether or not between the same\nparties, in which the fact of death of the missing person is in issue.\n  5. The finding of reasonable ground to believe that the missing person\nis dead shall be made, and the value of the property and of the estate\nof the missing co-tenant shall be determined, by the court without a\njury or by a referee.\n  6. The value of the estates of tenants by the entirety shall be deemed\nequal. The proportionate shares of joint tenants and tenants in common\nshall be determined in like manner as in an action for partition.\n  7. Costs of the action, and fees and disbursements of a guardian ad\nlitem appointed to represent the interests of the missing co-tenant or\nhis devisees or distributees shall be assessed against the parties in\nsuch proportions as the court shall direct and the part thereof assessed\nagainst the missing person shall be charged against the value of the\nestate of the missing person.\n  8. A judgment extinguishing the estate of the missing co-tenant shall\nbe conclusive even though the missing person was in fact alive, or was\nin fact dead, at the date of the entry thereof, and shall be conclusive\nagainst (a) any person claiming under the missing person by title\naccruing or conveyance recorded after the filing of the judgment-roll,\nor of the notice of pendency of the action, and (b) any person claiming\nunder the missing co-tenant who is made a party to the action. The\njudgment shall also have like effect as a conveyance made by the missing\nco-tenant or by the missing co-tenant and the other co-tenant or\nco-tenants, conveying the premises to the co-tenant or co-tenants in\naccordance with their interests resulting from the judgment. The court\nmay direct that an instrument of conveyance in conformity with the\njudgment be executed and delivered by the sheriff in the name of the\nco-tenant.\n