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New York · Through 2026-09-11

N.Y. Real Property Actions & Proceedings Law § 1701: Definitions

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Where this section sits in the code
  1. Real Property Actions & Proceedings Law
  2. Article 17. Special Proceeding For Disposition of Real Property of Infant, Incompetent or Conservatee

§ 1701. Definitions. As used in this article:

1. The term "incompetent person" means a person incompetent to manage

his affairs of whose property a committee has been appointed pursuant to

section 78.07 of the mental hygiene law.

2. The term "conservatee" means a person who has suffered substantial

impairment of his ability to care for his property or has become unable

to provide for himself or others dependent upon him for support for whom

a conservator of his property has been appointed, pursuant to section

77.01 of the mental hygiene law.

3. The term "interest in real property" includes any term, estate or

other interest in real property, vested or contingent, of an infant in

being, an incompetent person, or a conservatee including an inchoate

right of dower and a possibility of reverter, and also the contingent

interest of an infant not in being.

4. The term "possibility of reverter" means the possibility that upon

breach of a condition or termination of an estate by limitation the

right of re-entry will vest in, or real property will revert to, an

infant, incompetent person or conservatee or his heirs solely or in

common with others.

5. The term "dispose of" means to sell, convey, exchange, mortgage,

release or lease.

6. The term "guardian, committee or conservator" refers to the general

or testamentary guardian or guardian appointed by deed of the property

of the infant, or the committee of the property of the incompetent

person or patient appointed pursuant to the provisions of section 78.03

or 78.07 of the mental hygiene law, the conservator of the property of a

conservatee appointed pursuant to the provisions of article

seventy-seven of the mental hygiene law, or to the guardian of the

infant, incompetent person or conservatee appointed as prescribed by

this article.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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