Right of life tenant to be considered in disposition; distribution of moneys realized · as in force on May 31, 2026
§ 1918. Right of life tenant to be considered in disposition;
distribution of moneys realized.
1. Where any party to the proceeding has an existing or inchoate right of dower or curtesy or where any party to the proceeding has a tendancy by dower or curtesy or an estate for life or for years in the real property the court must determine whether the interests of all the parties will be better protected or a more advantageous disposition can be made of the real property by including the disposition of such right or interest and if the court shall so determine there may be included in the order a direction that such right or interest be included in the disposition.
2. The provisions of law in relation to the right of dower, curtesy and estates for life, or for years or future or other interests in actions for the partition of real estate, so far as the same may be applicable, shall govern and control the distribution of moneys realized on such disposition which shall belong to the owner of such right of dower or curtesy, or tenant for life, or for years or future or other interests.
The court must consider whether including a dower, curtesy, life, years, future, or other interest improves a real-property disposition; partition rules govern distribution of proceeds. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.