State Codes and Statutes

Statutes > New-york > Rpa > Article-10 > 1061

§  1061. Final judgment. Upon the report being confirmed by the court,  final judgment must be rendered. If the referee  or  commissioners  have  admeasured  and  laid  off  to  the  plaintiff  a distinct parcel of the  property, the judgment must award to her, during her natural  life,  the  possession  of that parcel, describing it, subject to the payment of all  taxes, assessments, and other  charges,  accruing  thereupon  after  she  takes  possession.  If  the referee or the commissioners report, that is  not practicable, or that, in his or their opinion, it  is  not  for  the  best interests of all the parties concerned, so to admeasure and lay off  a  distinct parcel of the property, the final judgment must direct, that  a sum, fixed by the court, and specified therein, equal to one-third  of  the  rental value of the real property, as ascertained by a reference or  otherwise, be paid to the plaintiff, annually or oftener, as directed in  the judgment, during her natural life, for her dower  in  the  property;  and  that  the  sum  so  to  be  paid,  be  and remain a charge upon the  property, during her natural life. The final  judgment  may  also  award  damages for the withholding of dower.

State Codes and Statutes

Statutes > New-york > Rpa > Article-10 > 1061

§  1061. Final judgment. Upon the report being confirmed by the court,  final judgment must be rendered. If the referee  or  commissioners  have  admeasured  and  laid  off  to  the  plaintiff  a distinct parcel of the  property, the judgment must award to her, during her natural  life,  the  possession  of that parcel, describing it, subject to the payment of all  taxes, assessments, and other  charges,  accruing  thereupon  after  she  takes  possession.  If  the referee or the commissioners report, that is  not practicable, or that, in his or their opinion, it  is  not  for  the  best interests of all the parties concerned, so to admeasure and lay off  a  distinct parcel of the property, the final judgment must direct, that  a sum, fixed by the court, and specified therein, equal to one-third  of  the  rental value of the real property, as ascertained by a reference or  otherwise, be paid to the plaintiff, annually or oftener, as directed in  the judgment, during her natural life, for her dower  in  the  property;  and  that  the  sum  so  to  be  paid,  be  and remain a charge upon the  property, during her natural life. The final  judgment  may  also  award  damages for the withholding of dower.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-10 > 1061

§  1061. Final judgment. Upon the report being confirmed by the court,  final judgment must be rendered. If the referee  or  commissioners  have  admeasured  and  laid  off  to  the  plaintiff  a distinct parcel of the  property, the judgment must award to her, during her natural  life,  the  possession  of that parcel, describing it, subject to the payment of all  taxes, assessments, and other  charges,  accruing  thereupon  after  she  takes  possession.  If  the referee or the commissioners report, that is  not practicable, or that, in his or their opinion, it  is  not  for  the  best interests of all the parties concerned, so to admeasure and lay off  a  distinct parcel of the property, the final judgment must direct, that  a sum, fixed by the court, and specified therein, equal to one-third  of  the  rental value of the real property, as ascertained by a reference or  otherwise, be paid to the plaintiff, annually or oftener, as directed in  the judgment, during her natural life, for her dower  in  the  property;  and  that  the  sum  so  to  be  paid,  be  and remain a charge upon the  property, during her natural life. The final  judgment  may  also  award  damages for the withholding of dower.