N.Y. Surrogate's Court Procedure Act § 2222: Legacy or distributive share payable to unknown person to be paid to comptroller 1

§ 2222. Legacy or distributive share payable to unknown person to be

paid to comptroller

1. Where the person entitled to a legacy or distributive share is

unknown the decree must direct the fiduciary to pay the amount thereof

to the comptroller of the state for the benefit of the person or persons

who may thereafter appear to be entitled thereto.

The decree must also direct that such payment be accompanied by a copy

of the decree, certified by the clerk of the court to be a true copy of

the original on file in his office. The fee for such certification shall

be deemed a necessary and proper disbursement, to be charged against and

deducted from said legacy or distributive share prior to payment of same

to the comptroller, said disbursement to be paid or credited to the

person making the same, as the surrogate in said decree may direct.

2. The court or the supreme court upon the petition of a person

claiming to be so entitled and upon at least 14 days' notice,

accompanied with a copy of the petition, to the attorney general, the

state comptroller and the public administrator of the county or if there

be none, the county treasurer, may by a reference or by directing the

trial of an issue by a jury or otherwise, ascertain the rights of the

persons interested and grant an order directing the payment of any money

which appears to be due to the claimant, but without interest and after

deducting all expenses incurred by the state with respect thereto.

3. The comptroller upon the production of a certified copy of the

order must draw his warrant upon the abandoned property fund for the

amount therein directed to be paid payable to the person entitled

thereto.

4. At any time prior to the granting of an order therein notice of the

claim, accompanied with a copy of the petition, shall be given by the

petitioner to such persons and in such manner as directed by the court.