Statute · New York Real Property Actions & Proceedings Law
N.Y. Real Prop. Acts. Law § 1911 — Action to extinguish inchoate right of dower
N.Y. Real Prop. Acts. Law § 1911
- Type
- Statute
- Source
- New York Real Property Actions & Proceedings Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 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…
Citator
N.Y. Real Prop. Acts. Law § 1911 — Action to extinguish inchoate right of dower is in force in the current edition of the Code, and nothing recorded condemns it.
§ 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.