Legislation
SECTION 1918
Right of life tenant to be considered in disposition; distribution of moneys realized
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 19
§ 1918. Right of life tenant to be considered in disposition;
distribution of moneys realized.
1. Where any party to the proceeding has an existing or inchoate
right of dower or curtesy or where any party to the proceeding has a
tendancy by dower or curtesy or an estate for life or for years in the
real property the court must determine whether the interests of all the
parties will be better protected or a more advantageous disposition can
be made of the real property by including the disposition of such right
or interest and if the court shall so determine there may be included in
the order a direction that such right or interest be included in the
disposition.
2. The provisions of law in relation to the right of dower, curtesy
and estates for life, or for years or future or other interests in
actions for the partition of real estate, so far as the same may be
applicable, shall govern and control the distribution of moneys realized
on such disposition which shall belong to the owner of such right of
dower or curtesy, or tenant for life, or for years or future or other
interests.
distribution of moneys realized.
1. Where any party to the proceeding has an existing or inchoate
right of dower or curtesy or where any party to the proceeding has a
tendancy by dower or curtesy or an estate for life or for years in the
real property the court must determine whether the interests of all the
parties will be better protected or a more advantageous disposition can
be made of the real property by including the disposition of such right
or interest and if the court shall so determine there may be included in
the order a direction that such right or interest be included in the
disposition.
2. The provisions of law in relation to the right of dower, curtesy
and estates for life, or for years or future or other interests in
actions for the partition of real estate, so far as the same may be
applicable, shall govern and control the distribution of moneys realized
on such disposition which shall belong to the owner of such right of
dower or curtesy, or tenant for life, or for years or future or other
interests.