dliu1/legal-llama-raw-text huggingface dataset:
1. Notice of motion to the executors or administrators of the decedent and the furnishing of an undertaking that the moving party will pay any and all claims, not exceeding the amount paid into court, when required by order of the court or by order of the surrogate of the surrogate's court in a proceeding to mortgage, lease or sell the real property of such decedent; except that where a final accounting has been had in the estate of such decedent in a surrogate's court, and certified copies of the account and decree of final settlement, showing that all of the debts of the decedent have been paid in full, is filed with the court having jurisdiction of the fund, the court may dispense with the furnishing of an undertaking; or2. The furnishing of the certificate of the surrogate of the county of which any such decedent was a resident at the time of his death, showing that eighteen months have elapsed since the issuing of letters testamentary or letters of administration, as the case may be, upon the estate of said decedent, and that no proceedings for the mortgage, lease or sale of the real property of such decedent for the payment of his debts or funeral expenses, or both, is pending, and the certificate of the county clerk of the county where the real property sold under the interlocutory judgment is located, showing that no notice of pendency of action in respect to such real property has been filed in his office. The certificate of the surrogate required herein may be executed in the name of the surrogate by the clerk of the surrogate's court under the seal of the court.
N.Y. Real Prop. Acts. Law § 965
Section 966 - Payment of proceeds directly to parties in cases involving decedent's property
Where the property has been sold free from the lien of debts and the court is furnished with the certificates described in subdivision 2 of section 965, the final judgment shall direct payment of the proceeds of sale to such parties as are entitled thereto.
N.Y. Real Prop. Acts. Law § 966
Section 967 - Payment of proceeds to owner of particular or future estate
A party who has a right of dower, or is a tenant for life or for years, in or of an undivided share of the property sold, or has an inchoate right of dower or any other future right or estate, vested or contingent, or any person not in being who by any contingency may become entitled to any interest or estate in the property sold, is entitled to have a proportion of the proceeds of the sale invested, secured or paid over, in such manner as the court deems calculated to protect the rights and interests of the parties.
N.Y. Real Prop. Acts. Law § 967
Section 968 - Manner of payment of proceeds to owner of particular or future estate
Whenever the whole or a part of the proceeds of a sale represents the interest of a particular estate, and also represents one or more other interests subsequent thereto, the power to determine whether the owner of the particular estate shall receive, in satisfaction of his estate or interest, a sum in gross or shall receive the earnings, as they accrue, of a sum invested for his benefit in permanent securities at interest, rests in the discretion of the court, except that if all parties affected shall have agreed either to the payment of a sum in gross or the investment of the proceeds the court shall, by order, give effect to such agreement. The application of the owner of any such particular estate for the award of a sum in gross shall be granted unless the court finds that unreasonable hardship is likely to be caused thereby to the owner of some other interest in the affected real property. The application for the award of a sum in gross by the owner of some interest in the affected real property other than the owner of the particular estate shall be granted if the court finds that the granting of such application is equitable under the circumstances.
N.Y. Real Prop. Acts. Law § 968
Section 969 - Shares of infant, incompetent or conservatee
Where a party entitled to receive a portion of the proceeds of sale is an infant, incompetent or conservatee, such portion may be disposed of as follows:
1. The court may direct it to be invested in permanent securities in the name and for the benefit of the infant, incompetent or conservatee, or it may direct it to be paid over to the general guardian of the infant, committee of the incompetent or conservator of the conservatee, when the guardian, committee conservator shall have executed an undertaking to such infant, incompetent or conservatee; or,2. Where a general guardian, committee or conservator has been appointed, upon proof that it will be for the best interest and advantage of the estate of such infant, incompetent or conservatee person, the court may authorize and direct such guardian, committee or conservator, in the name of such infant, incompetent person or conservatee, to make application for an award of a sum in gross as provided in section 968; or,3. If any of the moneys arising from the proceeds of such sale shall have been paid to the county treasurer, and on due proof that such money has remained uninvested in permanent securities for the space of three months, the court may direct the same to be paid to the general guardian, committee or conservator of such infant, incompetent or conservatee upon his giving an undertaking for the faithful execution of his trust; where said sum in hands of county treasurer does not exceed the sum of one thousand dollars the court may direct the same to be paid in accordance with subdivision five of this section; or,4. In the case of an infant, incompetent or conservatee residing without the state and having in the state or country where he or she resides a general guardian, committee or conservator, or person duly appointed under the laws of such state or country to the control, and entitled by the laws of such state or country to the custody, of the money of such infant, incompetent or conservatee, the court, upon satisfactory proof of such facts and of the sufficiency of the undertaking given by such general guardian, committee or conservator or person in such state or country by the certificate of a judge of a court of record of such state or country, or otherwise, may direct that the portion of such infant, incompetent or conservatee arising upon such sale shall be paid over to such general guardian, committee or conservator or person; or,5. If the portion of the proceeds arising upon such sale which belongs to an infant, incompetent or conservatee residing within or without the state does not exceed one thousand dollars, the court may direct that the same may be paid to his father, or to his mother or to some competent person with whom the infant, incompetent or conservatee resides, or who has some interest in his welfare, for the use and benefit of such infant, incompetent or conservatee.
N.Y. Real Prop. Acts. Law § 969
Section 970 - Shares of unknown or absent owner
Where a person has been made a defendant as an unknown person, or where the name of a defendant is unknown, or where the summons has been served upon a defendant without the state or by publication, and he has not appeared in the action, the court shall direct his portion to be paid into court and invested in permanent securities at interest, for his benefit, until claimed by him or his legal representatives.
N.Y. Real Prop. Acts. Law § 970
Section 971 - Security for refund
The court, in its discretion, may require any person, before he receives his portion of the proceeds of the sale to give such security as it directs, to the state, or the county treasurer, who shall hold it for the use and benefit of the persons interested, or to such parties or other persons as it prescribes, to refund the same, or a portion thereof, with interest, if it thereafter appears that he was not entitled thereto.
N.Y. Real Prop. Acts. Law § 971
Section 973 - Report of disposition of proceeds
Within sixty days after the entry of final judgment, unless such time be extended by an order of the court entered in the office of the clerk within said sixty days, the officer making the sale shall file with the clerk his report under oath of the disposition of the proceeds of the sale, accompanied by the vouchers of the persons to whom payments were ordered to be made.
N.Y. Real Prop. Acts. Law § 973
Section 981 - Costs and expenses1. The final judgment for the partition of the property must also award that each defendant pay to the plaintiff his proportion of the plaintiff's costs, including the additional allowance. The sum to be paid by each must be fixed by the court according to the respective rights of the parties, and specified in the judgment.2. If a defendant is unknown, his proportion of the costs shall be fixed and specified in like manner. An execution against an unknown defendant may be issued to collect the costs awarded against him as if he were named in the judgment; and his right, share or interest in the property may be sold by virtue thereof as if he were named in the execution.3. Where final judgment confirming a sale is rendered, the costs of each party to the action and the expenses of the sale, including the officer's fees, shall be deducted from the proceeds of the sale and distributed as the court shall order. But the court, in its discretion, may direct that the costs and expenses of any trial, reference or other proceeding in the action be paid out of the share of any party in the proceeds, or may render judgment against any party therefor. Where a proportion of the proceeds is to be paid to or invested for the benefit of any person, as prescribed in any provision of this article, the amount thereof must be determined by the residue of the entire proceeds remaining after deducting the costs and expenses chargeable against them.4. The officer making the sale shall pay out of the proceeds, unless the judgment otherwise directs, all taxes, assessments and water rates, which are liens upon the property sold, and redeem the property sold from any sales for unpaid taxes, assessments or water rates, which have not apparently become absolute. The sums necessary to make those payments and redemptions are deemed expenses of the sale.5. After actual partition, the fees and expenses of the commissioners, including the expense of a survey when it is made, shall be taxed under the direction of the court, and the amount thereof shall be paid by the plaintiff and allowed as part of his costs.6. Fees of surveyor or commissioner in action for partition. The fees of a surveyor and a surveyor's assistant, employed as prescribed by law in an action for partition, and of a commissioner appointed as prescribed by law to make partition, shall be the same as those provided by section 1052 of this chapter for services rendered in an action for dower.
N.Y. Real Prop. Acts. Law § 981
Section 991 - Proceeding for share of unknown heirs; presumption of death; service1. Where a portion of the proceeds of the sale is paid into court for unknown heirs and is unclaimed by any person entitled thereto for twenty-five years after such payment the unknown heirs are presumed to have been dead at the time of the sale. A special proceeding may be commenced for the distribution of such proceeds to the persons entitled thereto.2. The notice of petition and petition shall be served upon the unknown heirs or their representatives, the known heirs, their next of kin, representatives or distributees, and all persons interested in such proceeds. Service shall be made at least twenty days before the time at which the petition is noticed to be heard. Each of the known persons within the state, and the comptroller of the state if any proceeds have been paid over to him by a county treasurer, shall be served personally. All other persons shall be served in the manner prescribed for the service by publication of a summons.
N.Y. Real Prop. Acts. Law § 991
Section 992 - Judgment in proceeding for share of unknown heirs
Unknown heirs or their representatives not appearing shall be barred from any interest and the court shall render a judgment that the interest of such unknown heirs was vested in the known heirs of the ancestor from whom the unknown heirs derived title and that the proceeds be paid out of court to the persons entitled thereto.
N.Y. Real Prop. Acts. Law § 992
N.Y. Real Prop. Acts. Law § 993
Article 10 - ACTION FOR DOWER
Section 1001 - Limitation of action for dower1. An action for dower must be commenced by a widow within two years after the death of her husband, if the husband dies on or after April 6, 1954.2. If the husband died before April 6, 1954, an action for dower must be commenced by his widow within two years from April 6, 1954. If the widow had, on April 6, 1954, less than two years under existing law in which to bring an action for dower, the time so remaining is not enlarged by this section. Nothing herein contained shall revive a cause of action barred on April 6, 1954.
N.Y. Real Prop. Acts. Law § 1001
Section 1002 - Action barred by assignment of dower
The acceptance by a widow of an assignment of dower in satisfaction of her claim upon the property in question bars an action for dower and may be pleaded by any defendant.
N.Y. Real Prop. Acts. Law § 1002
Section 1011 - Necessary defendants
Where the property in which dower is claimed is actually occupied, the occupant thereof must be made defendant in the action. Where it is not so occupied, the action must be brought against some person exercising acts of ownership thereupon, or claiming title thereto, or an interest therein, at the time of the commencement of the action.
N.Y. Real Prop. Acts. Law § 1011
1. In either of the cases specified in section 1011, any other person claiming title to, or the right to the possession of, the real property in which dower is claimed may be joined as defendant in the action.2. The people of the state of New York may be made a party defendant in an action for dower where the people of the state of New York have an interest in or a lien upon the lands affected thereby, in the same manner as a private person. In such a case the summons must be served upon the attorney-general, who must appear in behalf of the people. But where the people of the state of New York are made a party defendant, as herein provided, the complaint shall set forth, in addition to the other matters required, detailed facts showing the particular nature of the interest in or the lien on the said real property of the people of the state of New York and the reason for making the people a party defendant. Upon failure to state such facts the complaint shall be dismissed as to the people of the state of New York.
N.Y. Real Prop. Acts. Law § 1012
Section 1013 - Actions where defendants claim in severalty
In an action to recover dower, in a distinct parcel of real property of which the plaintiff's husband died seized, or in all the real property which he aliened by one conveyance, all the persons in possession of, or claiming title to, the property, or any part thereof, may be made defendants, although they possess or claim title to different portions thereof in severalty.
N.Y. Real Prop. Acts. Law § 1013
Section 1021 - Damages may be recovered; how estimated
Where a widow recovers, in an action therefor, dower in property, of which her husband died seized, she may also recover, in the same action, damages for withholding her dower, to the amount of one-third of the annual value of the mesne profits of the property, with interest; to be computed, where the action is against the heir, from her husband's death, or, where it is against any other person, from the time when she demanded her dower of the defendant; and in each case, to the time of the trial, or application for judgment, as the case may be; but not exceeding six years in the whole. The damages shall not include any thing for the use of permanent improvements, made after the death of the husband.
N.Y. Real Prop. Acts. Law § 1021
Section 1022 - Damages in action against alienee of husband
Where a widow recovers dower, in a case not specified in section 1021, she may also recover, in the same action, damages for withholding her dower, to be computed from the commencement of the action; but they shall not include any thing for the use of permanent improvements, made since the property was aliened by her husband. In all other respects, the same must be computed as prescribed in section 1021.
N.Y. Real Prop. Acts. Law § 1022
Section 1023 - Damages where several parcels are affected
Sections 1021 and 1022 do not authorize the recovery, against a defendant who is joined with others, of damages for withholding dower, in any portion of the property not occupied or claimed by him.
N.Y. Real Prop. Acts. Law § 1023
Section 1024 - Damages apportioned between heir and alienee
Where a widow recovers dower in real property aliened by the heir of her husband, she may recover, in a separate action against him, her damages for withholding her dower, from the time of the death of her husband to the time of the alienation, not exceeding six years in the whole. The sum recovered from him must be deducted from the sum which she would otherwise be entitled to recover from the grantee; and any sum recovered as damages from the grantee, must be deducted from the sum, which she would otherwise be entitled to recover from the heir.
N.Y. Real Prop. Acts. Law § 1024
If the defendant, in an action for dower, aliens the real property in question after the filing of a notice of pendency of action and an execution against him for the plaintiff's damages is returned wholly or partly unsatisfied, an action may be maintained by the plaintiff against any person who has been in possession of the property under the defendant's conveyance, to recover the unsatisfied portion of the damages, for a time not exceeding that during which he possessed the property.
N.Y. Real Prop. Acts. Law § 1025
Section 1031 - Complaint
The complaint in an action for dower must describe the property claimed with common certainty, by setting forth the name of the township or tract and the number of the lot, if there is any, or in some other appropriate manner, so that from the description, possession of the property claimed may be delivered where the plaintiff is entitled thereto, and must set forth the name of the plaintiff's husband.
N.Y. Real Prop. Acts. Law § 1031
Section 1041 - Interlocutory judgment for admeasurement
If the defendant makes default in appearing or pleading or if the right of the plaintiff to dower is not disputed by the answer, or if it appears, by the verdict, report, or decision upon a trial, that the plaintiff is entitled to dower in the real property described in the complaint an interlocutory judgment must be rendered which, except as otherwise prescribed in this article, must direct that the plaintiff's dower in the property, particularly describing it, be admeasured by a referee, designated in the judgment, or by three reputable and disinterested freeholders, designated therein, as commissioners for that purpose.
N.Y. Real Prop. Acts. Law § 1041
Section 1044 - Report thereupon
All the commissioners must meet together in the performance of any of their duties; but the acts of a majority so met are valid. The referee, or the commissioners, or a majority of them, must make a full report of their proceedings, specifying therein the manner in which they have discharged their trust, with the items of their charges, and a particular description of the portion admeasured and laid off to the plaintiff; or, if they report that it is not practicable, or, in their opinion, it is not for the best interests of all the parties concerned, to admeasure and lay off a distinct parcel of the property of which dower is to be admeasured, they must state the reasons for that opinion and all the facts relating thereto. The report must be acknowledged or proved, and certified, in like manner as a deed to be recorded, and must be filed in the office of the clerk.
N.Y. Real Prop. Acts. Law § 1044
Section 1045 - Setting aside report
Upon the application of any party to the action, and upon good cause shown, the court may set aside the report, and, if necessary, may appoint new commissioners, or a new referee, who must proceed, as prescribed in this article, with respect to those first appointed.
N.Y. Real Prop. Acts. Law § 1045
Section 1051 - Fees and expenses
The fees and expenses of the commissioners, or of the referee, including the expense of a survey, when it is made, must be taxed under the direction of the court; and the amount thereof must be paid by the plaintiff, and allowed to her, upon the taxation of her costs.
N.Y. Real Prop. Acts. Law § 1051
Section 1052 - Fees of surveyor or commissioner in action for dower
A surveyor, employed as prescribed by law, in an action for dower, or to determine dower, is entitled to five dollars for each day actually and necessarily occupied in surveying, laying out, marking, or mapping land therein. Each assistant so employed is entitled to two dollars for each day actually and necessarily occupied in serving under the surveyor's direction. Each commissioner appointed as prescribed by law to admeasure dower is entitled to five dollars for each day's actual and necessary service.
N.Y. Real Prop. Acts. Law § 1052
Section 1061 - Final judgment
Upon the report being confirmed by the court, final judgment must be rendered. If the referee or commissioners have admeasured and laid off to the plaintiff a distinct parcel of the property, the judgment must award to her, during her natural life, the possession of that parcel, describing it, subject to the payment of all taxes, assessments, and other charges, accruing thereupon after she takes possession. If the referee or the commissioners report, that is not practicable, or that, in his or their opinion, it is not for the best interests of all the parties concerned, so to admeasure and lay off a distinct parcel of the property, the final judgment must direct, that a sum, fixed by the court, and specified therein, equal to one-third of the rental value of the real property, as ascertained by a reference or otherwise, be paid to the plaintiff, annually or oftener, as directed in the judgment, during her natural life, for her dower in the property; and that the sum so to be paid, be and remain a charge upon the property, during her natural life. The final judgment may also award damages for the withholding of dower.
N.Y. Real Prop. Acts. Law § 1061
Section 1062 - Plaintiff may recover sum awarded; court may modify judgment
The plaintiff may, from time to time, maintain an action against the owner, or a person who was the owner of the property, to recover any instalment of the sum, so awarded to her for her dower, which became due during his ownership, and remains unpaid. Or, if an instalment remains due and unpaid, she may maintain an action to procure a sale of the property, and enforce the payment of the instalments, due and to become due, out of the proceeds of the sale. Such an action must be conducted as if the charge upon the real property was a mortgage to the same effect. If, at any time, it is made to appear to the court that the rental value of the real property has materially increased or diminished, the court may, by an order, to be made upon notice to all the persons interested, modify the final judgment by increasing or diminishing the sum to be paid to the plaintiff.
N.Y. Real Prop. Acts. Law § 1062
Section 1063 - Junior incumbrances; not affected by admeasurement
Where a portion of the property is admeasured and laid off to the plaintiff as her dower, a lien which is inferior to the plaintiff's right of dower attaches, during the life of the plaintiff, to the residue, or to the portion or share of the residue which was subject to it, as if the portion laid off to the plaintiff had not been a part of the property.
N.Y. Real Prop. Acts. Law § 1063
Section 1064 - Appeal not to stay execution if undertaking is given