New York Real Property Actions & Proceedings Law 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...
• 1711 - Grounds.
  In any of the following cases, a special proceeding may be maintained to dispose of the real property or an interest in real property of...
• 1712 - By Whom Maintainable.
  The special proceeding may be maintained by the general or testamentary guardian of the property of the infant, by the committee of the property of...
• 1721 - Notice of Petition.
  Notice of petition shall be given, in the discretion of the court, to such persons and in such manner as the court may direct. If...
• 1722 - Contents of Petition.
  The petition shall state: 1. The name, age and residence of the infant, incompetent person or conservatee. 2. The grounds of the proceeding. 3. A...
• 1731 - Infant, Incompetent or Conservatee a Ward of Court.
  From the time of the filing of a petition, by or in behalf of an infant, incompetent person or conservatee, praying for an order to...
• 1741 - Reference.
  1. The court may appoint a referee to receive evidence and report his opinion thereon. 2. The referee's report shall include conclusions as to: what,...
• 1742 - Appraisal.
  When the court deems it necessary for the protection of the interests of the infant, incompetent person or conservatee, it may appoint a competent, disinterested...
• 1743 - Judgment.
  The judgment may direct that the real property, or interest in real property, or a part thereof, be disposed of by the guardian, committee or...
• 1744 - Security.
  1. Before the guardian, committee or conservator executes and delivers the deed, mortgage, release or lease pursuant to the judgment or receives any portion of...
• 1745 - Report and Confirmation of Agreement and of Conveyance.
  1. Before disposition of the property can be made pursuant to the judgment, the guardian, committee or conservator must enter into an agreement therefor, subject...
• 1746 - When Particular Estates to Be Included in Disposition.
  When the real property, or interest in real property, directed to be sold is subject, absolutely or contingently, to a right of dower or an...
• 1747 - When Reversionary Estates to Be Included in Sale.
  When the interest of the infant, incompetent person or conservatee, consists of a right of dower or an estate for life, or for years, the...
• 1751 - Sale Contrary to Will or Conveyance Prohibited.
  Real property, or an interest in real property, shall not be disposed of, as prescribed in this article, contrary to the provisions of a will...
• 1753 - Effect of Disposition.
  A deed, mortgage, release or lease made in good faith, as prescribed in this article, upon an application in behalf of an infant, incompetent person...
• 1755 - Proceeds of Sale Deemed Real Property.
  A sale of real property, or of an interest in real property other than a possibility of reverter, of an infant or incompetent person, does...
• 1761 - Distribution of Proceeds of Disposition.
  1. After the disposition of real property as provided in this article, the court shall direct the distribution of the proceeds. 2. The court shall...
• 1762 - Distribution of Proceeds to Owner of Particular or Reversionary Estate.
  1. When real property has been disposed of so as to include a particular reversionary estate, as provided in sections 1746 and 1747, the court...
• 1763 - Distribution of Proceeds Upon Release of Inchoate Right of Dower.
  Where an inchoate right of dower is released as prescribed in this article and such release is to accompany a sale by the husband of...
• 1764 - Distribution of Proceeds Where There is an Interest of an Infant Not in Being.
  In case by any contingency, infants not in being may thereafter become possessed of any interest in the real property disposed of, the court, in...
• 1765 - Distribution of Proceeds to Guardian of Infant, Committee of Incompetent or Conservator of Conservatee.
  1. Proceeds or income of proceeds invested as provided in subdivision 3 of section 1761 may be paid on order of court on such undertaking...
• 1766 - Distribution of Proceeds on Death of Infant, Incompetent or Conservatee.
  If the infant should die before arriving at full age, or the incompetent person should die before the incompetency is removed, or the conservatee should...

Last modified: February 3, 2019