dliu1/legal-llama-raw-text huggingface dataset:
When the interest of the infant, incompetent person or conservatee, consists of a right of dower or an estate for life, or for years, the judgment may authorize the guardian, committee or conservator to join, with the person or persons holding the reversionary estate, in a conveyance of the property to which the interest attaches, so as to release the right of dower, or fully convey the particular estate, on receiving from the proceeds of the sale a gross sum in satisfaction of that interest, or a proportionate part of the proceeds, to be invested until the determination of the particular estate.
N.Y. Real Prop. Acts. Law § 1747
Section 1751 - Sale contrary to will or conveyance prohibited
Real property, or an interest in real property, shall not be disposed of, as prescribed in this article, contrary to the provisions of a will by which it was devised, or of a conveyance or other instrument by which it was transferred, to the infant, incompetent person or conservatee.
N.Y. Real Prop. Acts. Law § 1751
Section 1753 - Effect of disposition
A deed, mortgage, release or lease made in good faith, as prescribed in this article, upon an application in behalf of an infant, incompetent person or conservatee, has the same validity and effect as if executed by the person in whose behalf it was executed, and as if the infant were of full age or the incompetent person or conservatee were of sound mind and competent to manage his affairs. It shall be valid and effectual to vest in any purchaser an interest of an infant not in being at the time of the said sale, and any mortgage so executed shall be a valid lien and charge upon the contingent interest of an infant not in being at the time of the execution and delivery of the same. A release of an inchoate right to dower as authorized by this article shall have the same effect as if the wife had joined with the husband in a deed or conveyance of the property affected thereby and had duly acknowledged the same in the manner required by law to pass the estate of married women. The failure to conduct the proceeding strictly in accordance with the provisions of this article shall not invalidate the disposition if the interests of the infant, incompetent person or conservatee have not been prejudiced.
N.Y. Real Prop. Acts. Law § 1753
Section 1755 - Proceeds of sale deemed real property
A sale of real property, or of an interest in real property other than a possibility of reverter, of an infant or incompetent person, does not give to the infant or incompetent person any other or greater interest in the proceeds of the sale than he had in the property or interest sold. Those proceeds are deemed property of the same nature as the estate or interest sold until the infant arrives at full age or the incompetency is removed. The proceeds of the release of a possibility of reverter shall be deemed and treated as if they were proceeds of real property of which the infant was seized and possessed. If the incompetent person dies after the sale, having specifically devised the property sold, the provisions of section thirty-six of the decedent estate law shall apply to the devise.
N.Y. Real Prop. Acts. Law § 1755
Section 1761 - Distribution of proceeds of disposition1. After the disposition of real property as provided in this article, the court shall direct the distribution of the proceeds.2. The court shall direct the payment from the proceeds of all debts, in equal proportion, without giving a preference to a debt founded upon a specialty or upon which judgment has been taken.3. The court shall direct the investment of any portion of the proceeds belonging to the infant, incompetent person or conservatee which is not needed for the payment of debts, or the safe keeping, or the immediate maintenance and education of himself or his family, or for the preservation or improvement of his real property or his interest in real property.4. The court shall require a report, under oath, of the disposition and investment of the proceeds to be made as soon as practicable, and must compel periodical accounts to be rendered thereafter by each person who is intrusted with the proceeds or any part thereof.
N.Y. Real Prop. Acts. Law § 1761
Section 1762 - Distribution of proceeds to owner of particular or reversionary estate1. When real property has been disposed of so as to include a particular reversionary estate, as provided in sections 1746 and 1747, the court shall direct that the value of such estate be paid from the proceeds of disposition.2. The manner of payment may be either in a gross sum or by the investment of a just proportion of the proceeds until the termination of the prior estate or the commencement of a future estate.3. If a prior estate has been included, income from the invested proceeds shall be paid to the owner of such estate. But no such payment shall be made nor shall any gross sum be paid to such owner until an effectual release of the right or estate of the person so consenting, executed to the satisfaction of the court, and duly acknowledged or proved, and certified, in like manner as a deed to be recorded, has been filed with the clerk.4. If a future estate has been included, the invested proceeds shall be paid to the owner of such estate at the time of the commencement thereof.
N.Y. Real Prop. Acts. Law § 1762
Section 1763 - Distribution of proceeds upon release of inchoate right of dower
Where an inchoate right of dower is released as prescribed in this article and such release is to accompany a sale by the husband of the property to which the inchoate right of dower attaches, the court shall make an order requiring one-third of the amount realized on the sale of the property to which the inchoate right of dower attached to be invested by the guardian, committee or conservator, or paid into the court to be held for the benefit of the husband during his life and upon his death for the benefit of the wife during her life, or the court may direct said amounts to be paid to the husband upon his giving an undertaking in the amount of at least double the amount so received for such release, conditioned for the repayment as the court shall direct by his executors or administrators of such amount upon the death of the husband, or the court may ascertain the sum in gross representing the present value of such inchoate right of dower and direct the payment of that sum to the guardian, committee or conservator for the wife. Where an inchoate right of dower is released as prescribed in this article, and, at the time of the commencement of the proceeding, the property to which the inchoate right of dower attaches has already been sold by the husband, and the wife has not joined in the conveyance or otherwise released her inchoate right of dower, the court shall make an order that, as the consideration for the release, or as part of the consideration therefor, there be paid to the guardian, committee, or conservator or into the court an amount to be fixed by the court as equal to one-third of the fair market value of the property, to be invested by the guardian, committee or conservator or held by the court for the benefit of the person making such payment during the life of the husband, and upon his death for the benefit of the wife during her life, and upon her death to be returned to the person making such payment or to his executors, administrators or assigns; or in lieu of such payment, the court may allow an undertaking to be given in the amount of at least double the amount so fixed as equal to one-third of the fair market value of the property, conditioned for the payment as the court shall direct, upon the death of the husband leaving the wife surviving, of the said sum so fixed as equal to one-third of the fair value of the property, to be held for the benefit of the wife during her life and upon her death to be returned to the person giving such undertaking or to his executors, administrators or assigns; or, in lieu of such payment or undertaking, the court may ascertain the sum in gross representing the present value of such inchoate right of dower in the fair market value of the property and direct the payment of that sum to the guardian, committee or conservator for the wife.
N.Y. Real Prop. Acts. Law § 1763
Section 1764 - Distribution of proceeds where there is an interest of an infant not in being
In case by any contingency, infants not in being may thereafter become possessed of any interest in the real property disposed of, the court, in case of a sale, shall cause the proceeds of the sale, after paying the costs and expenses of the same, to be placed at interest for the benefit of the persons who are or who ultimately may be entitled to the same, and shall not authorize the distribution of the same in advance of said contingency, except upon a petition of some person entitled thereto and upon filing an undertaking in such amount as the court shall direct, conditioned that in case of any contingency by which any infant not then in being shall thereafter become entitled to any of the proceeds of the sale, that said petitioner will pay to said person or persons his or their proportionate share of the money so paid over to said petitioner. In the case of the mortgaging of said real estate, the proceeds of the same, after paying costs and expenses, shall be paid out and disbursed under the direction of the court only for the purpose of paying lawful charges thereon, or repairing, improving, building upon or otherwise enhancing in value any real estate so mortgaged as aforesaid.
N.Y. Real Prop. Acts. Law § 1764
Section 1765 - Distribution of proceeds to guardian of infant, committee of incompetent or conservator of conservatee1. Proceeds or income of proceeds invested as provided in subdivision 3 of section 1761 may be paid on order of court on such undertaking as it may require.2. If the proceeds do not exceed one thousand dollars, the court may direct that the same be paid to the father or mother of the infant, or to some competent person with whom the infant resides, or who has some interest in his welfare, for the use and benefit of such infant.3. In the case of an infant residing without the state, and having in the state or country where he resides a general guardian 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 said infant, the court, upon satisfactory proof of such facts and of the sufficiency of the security given by such general guardian 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 arising upon a sale pursuant to this article shall be paid over to such general guardian or person.
N.Y. Real Prop. Acts. Law § 1765
Section 1766 - Distribution of proceeds on death of infant, incompetent or conservatee
If the infant should die before arriving at full age, or the incompetent person should die before the incompetency is removed, or the conservatee should die before the conservatorship is terminated not leaving any personal property, or not leaving sufficient personal property to pay funeral expenses and expenses that may be necessary or necessarily incurred, then in each case, the proceeds of disposition of real property are to be deemed personal property so far as may be necessary to pay the funeral and other necessary expenses. The proceeds are to be paid, upon order of the surrogate's court or court having jurisdiction of the estate of the deceased, to an administrator appointed by the surrogate to administer upon decedent's estate, and after paying all funeral expenses and expenses of administration and any indebtedness, the remainder, if any there be, upon the order of the surrogate, shall be paid into the hands of the trustee who held the same, to be distributed as the law directs.
N.Y. Real Prop. Acts. Law § 1766
Article 18 - SPECIAL PROCEEDING FOR RELEASE OF CLAIM AGAINST STATE OF INFANT OR INCOMPETENT FOR APPROPRIATION OF REAL PROPERTY
Section 1801 - Grounds
In any case, where the person entitled to compensation from the state, by reason of the appropriation by the state of real property, or of any easement therein, or of a term, estate, inchoate right of dower, or other right or interest in real property, and of legal damages caused by any such appropriation, and of damages sustained by any entry upon, use or occupation of, or injury to such real property by the state prior to completion of appropriation, is an infant, a person incompetent to manage his affairs by reason of mental illness or other cause, or a conservatee as designated in article seventy-seven of the mental hygiene law, and whose interest in such real property or rights thereunder as aforementioned is not governed by a trust expressed in a will creating the estate nor subject to a valid power of sale contained in such will which does not expressly prohibit the giving of a release to the state because of such appropriation, a special proceeding may be commenced in the county where the appropriated property or a part thereof is situated, for leave to release to the state the claim for compensation of such infant, incompetent person or conservatee, in the manner provided in this article, for the amount of consideration therefor offered by the state. This article shall also apply to the contingent interest of an infant not in being.
N.Y. Real Prop. Acts. Law § 1801
Section 1802 - By whom maintained1. Except as provided in subdivision two, the special proceeding may be maintained only by the general or testamentary guardian or guardian appointed by deed of the property of the infant, or by the committee of the property of the incompetent person, or by the conservator of the property of a conservatee. Where it is maintained in behalf of an infant of the age of fourteen years or upwards, the infant must join therein.2. Where the value of the claim does not exceed one thousand dollars, the special proceeding may be maintained by the father, or mother, or some competent person with whom the infant, incompetent person or conservatee resides, or who has some interest in his welfare. Where, however, there is an existing general or testamentary guardian of the property of such infant, or a committee of the property of such incompetent person, or a conservator of the property of such conservatee, the proceeding may be maintained only by such representative.
N.Y. Real Prop. Acts. Law § 1802
Section 1803 - Notice of petition
Notice of petition shall be given, in the discretion of the court, to such persons and in such manner as the court may direct.
N.Y. Real Prop. Acts. Law § 1803
Section 1804 - Contents of petition
1. The name and residence of the petitioner, the facts concerning his appointment and qualification as a person by whom the proceeding is maintainable, and a statement as to the amount of any existing undertaking given by him in such capacity then in force and effect, whether or not any such existing undertaking includes the value of the property appropriated. If an undertaking had been dispensed with by the surrogate in any case where such property was derived by the infant through his father or mother under the instrument by which a guardian was appointed, such fact shall be disclosed to the court.2. The name, age and residence of the infant, incompetent or conservatee.3. The particulars with regard to such appropriation, including the nature and extent of the property appropriated and a description.
If a survey map has been filed in the appropriation proceeding, a copy of such a map shall be attached to and made part of the petition.
4. The nature and extent of the property, if any, entered upon, used, occupied or injured by the state prior to completion of such appropriation.5. The amount offered by the state in full compensation.6. The facts in relation to the value of the interest to be released.7. Whether any previous application has been made, and, if so, the time and disposition.8. Where the value of the claim does not exceed one thousand dollars, that either the petitioner or a competent, disinterested person acquainted with the facts, whose affidavit is made a part of the petition, has made a careful investigation of the facts relating to the offer, and that as a result of such investigation he has found and verily believes that the amount of compensation so offered by the state, for the interest or undivided interest of said infant, incompetent person, or conservatee represents the fair market value of the property appropriated and just compensation therefor and for the legal damages caused by such appropriation, and the damages, if any, sustained by the entry upon, use or occupation of, or injury to such property by the state prior to completion of appropriation. In any case involving an infant of the age of fourteen years or upwards or a conservatee, his written consent to the acceptance in his behalf of the amount so offered shall accompany the petition, unless the aforesaid infant is classed in the petition as an incompetent person, in which event such consent shall not be required.
N.Y. Real Prop. Acts. Law § 1804
Section 1805 - Security
On presentation of the petition, where the value of the claim exceeds one thousand dollars, the court shall fix the amount of security or additional security, if any, to be given by such general or testamentary guardian, committee or conservator, for the faithful performance of his trust, to cover the amount of compensation to be received by the infant, incompetent or conservatee because of such appropriation. The court shall dispense with the giving of security, on facts submitted in the petition, in any case where the surrogate had done likewise as to such guardian under the provisions of the surrogate's court procedure act with respect to the property so appropriated.
N.Y. Real Prop. Acts. Law § 1805
Section 1806 - Judgment
Upon examining into the truth of the allegations of the petition, and hearing the allegations and proofs of the parties, presented orally or by affidavit, as to the value of the interest of the infant, incompetent person or conservatee in the property so appropriated, including the legal damages caused by such appropriation, and the damages, if any, sustained by the entry upon, use or occupation of, or injury to such property by the state prior to completion of appropriation, and, upon inquiring into the facts and circumstances and duly considering the matter, if it shall appear to the satisfaction of the court that the amount of compensation offered to be paid by the state represents the fair market value of the property appropriated and just compensation for the legal damages caused by such appropriation and the damages, if any, sustained by the entry upon, use or occupation of, or injury to such property by the state prior to completion of appropriation, and that the interest of the infant, incompetent person or conservatee will be substantially promoted by releasing or joining with others in releasing any such claim for the amount of compensation offered therefor by the state, the court may render a judgment authorizing petitioner to enter into an agreement with the state, in such form as may be submitted by the state or any agency or department thereof, for the amount of compensation offered by the state and approved by the court and authorizing and directing petitioner to execute and deliver to the state a release of such claim and any documents or instruments as may be required by the state to give full effect to such release and authorizing and directing petitioner to receive the amount in full payment of such claim for compensation.
N.Y. Real Prop. Acts. Law § 1806
Section 1807 - Payment of compensation; release1. Upon the payment of such compensation by the state in the manner provided by the judgment, the state shall be released of and from any and all claims, damages and liability arising from or growing out of such appropriation, and in and to every matter and thing in anywise related to said property so appropriated.2. The failure to conduct the proceeding for the release of any claim against the state of an infant, incompetent person or conservatee as covered by this article, shall not invalidate or render ineffective such release if the interests of the infant, incompetent person or conservatee have not been prejudiced.
N.Y. Real Prop. Acts. Law § 1807
Section 1808 - Distribution of proceeds of compensation1. Where compensation exceeds one thousand dollars, it shall be deemed property of the same nature, and the disposition thereof shall be made in the same manner, as the disposition of proceeds of a sale, mortgage, release or lease of real property of infant or incompetent.2. Where compensation does not exceed one thousand dollars, after deducting therefrom the payment of any attorney's fees and the expenses, if any as allowed by the court, the proceeds shall be administered by the petitioner for the use and benefit of the infant, incompetent person or conservatee, including the application thereof for the purposes, in the manner, under the limitations and through the medium provided for in the mental hygiene law of the state of New York and official rules and regulations adopted pursuant thereto as to funds belonging to a patient, in any case where such ward is an incompetent person or conservatee confined as a patient to a state institution under the jurisdiction of the department of mental hygiene of the state of New York.
N.Y. Real Prop. Acts. Law § 1808
Article 19 - DISCHARGE OR EXTINGUISHMENT OF ENCUMBRANCES, CLAIMS AND INTERESTS
Section 1901 - Release of rents reserved by leases in perpetuity1. Any person interested in lands held under a lease in perpetuity, upon which no rent has been paid for at least twenty years, may present his petition to the courts mentioned in this section asking that it be declared that the rents and reversion have been released to the owner of the fee. Such petition shall be verified, shall describe the lease and allege that the rents and reversion have been released, and shall state such facts as the petitioner can ascertain relative to the execution of a release and the identity of the persons who would otherwise be the present owners of the rents and reversion and the last known owner thereof.2. Such petition may be presented to the supreme court or to the county court of the county where the lands are situated. The court may thereupon order all persons interested to show cause at a certain time and place why the rents and reversion should not be declared to have been released. A description of the lease and lands affected thereby and the name of the last known owner of the rents and reversion shall be specified in such order, and the order shall be published in such newspaper or newspapers and for such time as the court shall direct. The court may also direct the order to be personally served upon such persons as it shall designate.3. The court may issue commissions to take the testimony of witnesses and may refer the petition to a referee to take and report proofs of the facts stated in the petition. Upon being satisfied that the matters alleged in the petition are true, the court may make an order declaring that the rents and reversion have been released to the owner of the fee. The nonpayment of rent under any such lease for twenty years shall be presumptive evidence of such a release.4. The entry of such order in the office of the clerk of the county where such lands are situated shall have the same effect as a release of such rents and reversion to such owner then duly executed and recorded. The county clerk shall note on the margin of the record of the original lease a minute of the entry of such order.
N.Y. Real Prop. Acts. Law § 1901