N.Y. Estates, Powers & Trusts Law § 12-1.3: Extent of liability; judgment debtor's right to indemnity and

§ 12-1.3 Extent of liability; judgment debtor's right to indemnity and

contribution

(a) Although subject, under paragraph (a) of 12-1.1, to a judgment in

the full amount of the value of any property received by him, which may

exceed his ratable obligation as described herein, the maximum liability

to which a distributee or testamentary beneficiary is subject under this

article is his ratable obligation, in the proportion that the value of

the decedent's property passing to him bears to the value of all such

property passing to distributees or beneficiaries, as the case may be,

within the same order of liability as his under paragraph (a) of 12-1.2.

(b) Any person against whom a judgment is obtained under this article,

upon payment thereof, is entitled:

(1) To be indemnified by any person prior to liability to him under

paragraph (a) of 12-1.2, who remains liable under this article but

against whom recovery was not available for a reason set forth in

subparagraph (b) (2) of 12-1.1.

(2) To contribution, for any sum paid in excess of his ratable

obligation as described in paragraph (a), from any person within the

same order of liability as his under paragraph (a) of 12-1.2, but only

to the extent that such person's ratable obligation is unpaid.