State Codes and Statutes

Statutes > New-york > Abp > Article-2 > 206

§  206.  Petition  for  release of escheated lands.  1. Where there is  good reason to believe that real property shall have  escheated  to  the  state  and  final  judgment  shall not have been entered as hereinbefore  provided, a petition for the release to the petitioner of  any  interest  in  real  property  believed to have escheated to the state by reason of  the failure of heirs or the incapacity, for any reason except infancy or  mental incompetency, of any of the petitioner's alleged predecessors  in  interest  to take such property by devise or otherwise, or to convey the  same or by reason of the alienage  of  any  person,  who  but  for  such  alienage  would have succeeded to such interest, may be presented to the  commissioner of general services within forty years after such  escheat.  Such petition may be presented:    a. By any person who would have succeeded to such interest but for his  alienage or the alienage of another person, or    b.  By the surviving husband, widow, stepfather, stepmother or adopted  child of the person whose interest has so escheated, or    c. By the purchaser at a judicial sale or sheriff's sale on execution,  or    d. By an heir, devisee, assignee, grantee,  immediate  or  remote,  or  executor of any person, who but for his death, assignment or grant could  present  such  petition,  or the alleged grantee of any person or of any  association or body, whether incorporated or not,  who  or  which  would  have  succeeded  by  devise or otherwise to the title of such person but  for his alienage or a legal incapacity to take or convey the property so  escheated, or    e. By a person having a contract to purchase made prior to the date of  escheat with the person whose interest shall have escheated.    2. Such petition shall be verified by  each  petitioner  in  the  same  manner  as  a  pleading  in a court of record may be verified, and shall  allege:    a. The name and residence of each person owning any interest  in  such  real property immediately prior to the escheat;    b.  The  name  and  residence of each petitioner and the circumstances  which entitle him to present such petition;    c. The name and place of residence of  every  person  who  would  have  succeeded  to  any such interest but for his alienage or the alienage of  another or any other rule  of  legal  incapacity  hereinabove  mentioned  affecting an attempted transfer of such interest to such person or to or  by any of his alleged predecessors in interest;    d.  The  description and value, at the date of the verification of the  petition, of such real property sought to be released;    e. The description and value, at the date of the verification  of  the  petition,  of  all  the  property  of every such owner, which shall have  escheated to the people of the state by reason of failure  of  heirs  or  alienage  and which shall not then have been released or conveyed by the  state;    f. The name and  residence  of  each  person  having  or  claiming  an  interest  in  such  real property at the date of the verification of the  petition and the nature and value of such interest;    g. Any special facts or circumstances by reason of which it is claimed  that such interest should be released to the petitioner;    h. The name and residence of each person in possession  or  occupation  of the premises and the nature, if any, of the interest of such person;    i.  The  name and residence of each person having filed a protest with  the commissioner of general services under the provisions of section two  hundred ten.    Such petition may be filed within sixty days  after  its  verification  with the office of general services.

State Codes and Statutes

Statutes > New-york > Abp > Article-2 > 206

§  206.  Petition  for  release of escheated lands.  1. Where there is  good reason to believe that real property shall have  escheated  to  the  state  and  final  judgment  shall not have been entered as hereinbefore  provided, a petition for the release to the petitioner of  any  interest  in  real  property  believed to have escheated to the state by reason of  the failure of heirs or the incapacity, for any reason except infancy or  mental incompetency, of any of the petitioner's alleged predecessors  in  interest  to take such property by devise or otherwise, or to convey the  same or by reason of the alienage  of  any  person,  who  but  for  such  alienage  would have succeeded to such interest, may be presented to the  commissioner of general services within forty years after such  escheat.  Such petition may be presented:    a. By any person who would have succeeded to such interest but for his  alienage or the alienage of another person, or    b.  By the surviving husband, widow, stepfather, stepmother or adopted  child of the person whose interest has so escheated, or    c. By the purchaser at a judicial sale or sheriff's sale on execution,  or    d. By an heir, devisee, assignee, grantee,  immediate  or  remote,  or  executor of any person, who but for his death, assignment or grant could  present  such  petition,  or the alleged grantee of any person or of any  association or body, whether incorporated or not,  who  or  which  would  have  succeeded  by  devise or otherwise to the title of such person but  for his alienage or a legal incapacity to take or convey the property so  escheated, or    e. By a person having a contract to purchase made prior to the date of  escheat with the person whose interest shall have escheated.    2. Such petition shall be verified by  each  petitioner  in  the  same  manner  as  a  pleading  in a court of record may be verified, and shall  allege:    a. The name and residence of each person owning any interest  in  such  real property immediately prior to the escheat;    b.  The  name  and  residence of each petitioner and the circumstances  which entitle him to present such petition;    c. The name and place of residence of  every  person  who  would  have  succeeded  to  any such interest but for his alienage or the alienage of  another or any other rule  of  legal  incapacity  hereinabove  mentioned  affecting an attempted transfer of such interest to such person or to or  by any of his alleged predecessors in interest;    d.  The  description and value, at the date of the verification of the  petition, of such real property sought to be released;    e. The description and value, at the date of the verification  of  the  petition,  of  all  the  property  of every such owner, which shall have  escheated to the people of the state by reason of failure  of  heirs  or  alienage  and which shall not then have been released or conveyed by the  state;    f. The name and  residence  of  each  person  having  or  claiming  an  interest  in  such  real property at the date of the verification of the  petition and the nature and value of such interest;    g. Any special facts or circumstances by reason of which it is claimed  that such interest should be released to the petitioner;    h. The name and residence of each person in possession  or  occupation  of the premises and the nature, if any, of the interest of such person;    i.  The  name and residence of each person having filed a protest with  the commissioner of general services under the provisions of section two  hundred ten.    Such petition may be filed within sixty days  after  its  verification  with the office of general services.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Abp > Article-2 > 206

§  206.  Petition  for  release of escheated lands.  1. Where there is  good reason to believe that real property shall have  escheated  to  the  state  and  final  judgment  shall not have been entered as hereinbefore  provided, a petition for the release to the petitioner of  any  interest  in  real  property  believed to have escheated to the state by reason of  the failure of heirs or the incapacity, for any reason except infancy or  mental incompetency, of any of the petitioner's alleged predecessors  in  interest  to take such property by devise or otherwise, or to convey the  same or by reason of the alienage  of  any  person,  who  but  for  such  alienage  would have succeeded to such interest, may be presented to the  commissioner of general services within forty years after such  escheat.  Such petition may be presented:    a. By any person who would have succeeded to such interest but for his  alienage or the alienage of another person, or    b.  By the surviving husband, widow, stepfather, stepmother or adopted  child of the person whose interest has so escheated, or    c. By the purchaser at a judicial sale or sheriff's sale on execution,  or    d. By an heir, devisee, assignee, grantee,  immediate  or  remote,  or  executor of any person, who but for his death, assignment or grant could  present  such  petition,  or the alleged grantee of any person or of any  association or body, whether incorporated or not,  who  or  which  would  have  succeeded  by  devise or otherwise to the title of such person but  for his alienage or a legal incapacity to take or convey the property so  escheated, or    e. By a person having a contract to purchase made prior to the date of  escheat with the person whose interest shall have escheated.    2. Such petition shall be verified by  each  petitioner  in  the  same  manner  as  a  pleading  in a court of record may be verified, and shall  allege:    a. The name and residence of each person owning any interest  in  such  real property immediately prior to the escheat;    b.  The  name  and  residence of each petitioner and the circumstances  which entitle him to present such petition;    c. The name and place of residence of  every  person  who  would  have  succeeded  to  any such interest but for his alienage or the alienage of  another or any other rule  of  legal  incapacity  hereinabove  mentioned  affecting an attempted transfer of such interest to such person or to or  by any of his alleged predecessors in interest;    d.  The  description and value, at the date of the verification of the  petition, of such real property sought to be released;    e. The description and value, at the date of the verification  of  the  petition,  of  all  the  property  of every such owner, which shall have  escheated to the people of the state by reason of failure  of  heirs  or  alienage  and which shall not then have been released or conveyed by the  state;    f. The name and  residence  of  each  person  having  or  claiming  an  interest  in  such  real property at the date of the verification of the  petition and the nature and value of such interest;    g. Any special facts or circumstances by reason of which it is claimed  that such interest should be released to the petitioner;    h. The name and residence of each person in possession  or  occupation  of the premises and the nature, if any, of the interest of such person;    i.  The  name and residence of each person having filed a protest with  the commissioner of general services under the provisions of section two  hundred ten.    Such petition may be filed within sixty days  after  its  verification  with the office of general services.