N.Y. Surrogate's Court Procedure Act § 1918: Right of life tenant to be considered in disposition; distribution of moneys realized

§ 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.