State Codes and Statutes

Statutes > New-york > Rpa > Article-9 > 918

§  918.  Interlocutory judgment directing sale or exception of lien or  dower interest. 1. An interlocutory judgment directing the sale  of  the  property  may  direct that the premises sold shall be free from the lien  of every debt of a decedent, from whom the plaintiff's title is derived,  or of a decedent who, if living, should be a party to the action, except  debts which were a lien upon the  premises  before  the  death  of  such  decedent.    2. Where a party has an existing right of dower in the entire property  directed  to  be  sold, at the time when an interlocutory judgment for a  sale is rendered in an action for partition, the court  shall  determine  whether the interests of all the parties require that the right of dower  should be excepted from the sale or that it should be sold. If a sale of  the property, including the right of dower, is directed, the interest of  the  party  entitled  to  the right of dower shall pass thereby; and the  purchaser, his heirs and assigns,  shall  hold  the  property  free  and  discharged from any claim by virtue of that right.

State Codes and Statutes

Statutes > New-york > Rpa > Article-9 > 918

§  918.  Interlocutory judgment directing sale or exception of lien or  dower interest. 1. An interlocutory judgment directing the sale  of  the  property  may  direct that the premises sold shall be free from the lien  of every debt of a decedent, from whom the plaintiff's title is derived,  or of a decedent who, if living, should be a party to the action, except  debts which were a lien upon the  premises  before  the  death  of  such  decedent.    2. Where a party has an existing right of dower in the entire property  directed  to  be  sold, at the time when an interlocutory judgment for a  sale is rendered in an action for partition, the court  shall  determine  whether the interests of all the parties require that the right of dower  should be excepted from the sale or that it should be sold. If a sale of  the property, including the right of dower, is directed, the interest of  the  party  entitled  to  the right of dower shall pass thereby; and the  purchaser, his heirs and assigns,  shall  hold  the  property  free  and  discharged from any claim by virtue of that right.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-9 > 918

§  918.  Interlocutory judgment directing sale or exception of lien or  dower interest. 1. An interlocutory judgment directing the sale  of  the  property  may  direct that the premises sold shall be free from the lien  of every debt of a decedent, from whom the plaintiff's title is derived,  or of a decedent who, if living, should be a party to the action, except  debts which were a lien upon the  premises  before  the  death  of  such  decedent.    2. Where a party has an existing right of dower in the entire property  directed  to  be  sold, at the time when an interlocutory judgment for a  sale is rendered in an action for partition, the court  shall  determine  whether the interests of all the parties require that the right of dower  should be excepted from the sale or that it should be sold. If a sale of  the property, including the right of dower, is directed, the interest of  the  party  entitled  to  the right of dower shall pass thereby; and the  purchaser, his heirs and assigns,  shall  hold  the  property  free  and  discharged from any claim by virtue of that right.