2006 New York Code - Action To Extinguish Inchoate Right Of Dower.



 
    §  1911.  Action to extinguish inchoate right of dower. 1. An owner of
  land subject to an inchoate right of dower may maintain an action in the
  supreme court against the possessor of such  right  to  have  the  right
  extinguished. In such action the court shall find the present cash value
  of  the  inchoate  right  of  dower  according  to the law applicable to
  annuities and survivorships. It shall also determine whether the payment
  to the defendant of the sum found, in lieu of her right, would be unduly
  prejudicial to her. If the court determines that such payment would  not
  be  unduly  prejudicial, the court, upon proof of payment of such sum to
  the defendant or upon payment into court for her credit, shall  make  an
  order declaring the inchoate right of dower extinguished.
    2.  Nothing  herein contained shall be construed to affect section 967
  or article 17 of this chapter, or section two hundred and forty-eight of
  the surrogate's court act.

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