§ 1001. Limitation of action for dower. 1. An action for dower must be commenced by a widow within two years after the death of her husband, if the husband dies on or after April 6, 1954. 2. If the husband died before April 6, 1954, an action for dower must be commenced by his […]
§ 1012. Who may be joined as defendants. 1. In either of the cases specified in section 1011, any other person claiming title to, or the right to the possession of, the real property in which dower is claimed may be joined as defendant in the action. 2. The people of the state of New […]
§ 1013. Actions where defendants claim in severalty. In an action to recover dower, in a distinct parcel of real property of which the plaintiff’s husband died seized, or in all the real property which he aliened by one conveyance, all the persons in possession of, or claiming title to, the property, or any part […]
§ 1021. Damages may be recovered; how estimated. Where a widow recovers, in an action therefor, dower in property, of which her husband died seized, she may also recover, in the same action, damages for withholding her dower, to the amount of one-third of the annual value of the mesne profits of the property, with […]
§ 1022. Damages in action against alienee of husband. Where a widow recovers dower, in a case not specified in section 1021, she may also recover, in the same action, damages for withholding her dower, to be computed from the commencement of the action; but they shall not include any thing for the use of […]
§ 1023. Damages where several parcels are affected. Sections 1021 and 1022 do not authorize the recovery, against a defendant who is joined with others, of damages for withholding dower, in any portion of the property not occupied or claimed by him.
§ 1024. Damages apportioned between heir and alienee. Where a widow recovers dower in real property aliened by the heir of her husband, she may recover, in a separate action against him, her damages for withholding her dower, from the time of the death of her husband to the time of the alienation, not exceeding […]
§ 1025. Damages against grantee of premises subject to dower. If the defendant, in an action for dower, aliens the real property in question after the filing of a notice of pendency of action and an execution against him for the plaintiff’s damages is returned wholly or partly unsatisfied, an action may be maintained by […]
§ 1031. Complaint. The complaint in an action for dower must describe the property claimed with common certainty, by setting forth the name of the township or tract and the number of the lot, if there is any, or in some other appropriate manner, so that from the description, possession of the property claimed may […]
§ 1041. Interlocutory judgment for admeasurement. If the defendant makes default in appearing or pleading or if the right of the plaintiff to dower is not disputed by the answer, or if it appears, by the verdict, report, or decision upon a trial, that the plaintiff is entitled to dower in the real property described […]
§ 1043. Dower, how admeasured. The referee or the commissioners must execute their duties in the following manner: 1. They must, if it is practicable, and, in their opinion, for the best interests of all the parties concerned, admeasure and lay off, as speedily as possible, as the dower of the plaintiff, a distinct parcel, […]
§ 1044. Report thereupon. All the commissioners must meet together in the performance of any of their duties; but the acts of a majority so met are valid. The referee, or the commissioners, or a majority of them, must make a full report of their proceedings, specifying therein the manner in which they have discharged […]
§ 1045. Setting aside report. Upon the application of any party to the action, and upon good cause shown, the court may set aside the report, and, if necessary, may appoint new commissioners, or a new referee, who must proceed, as prescribed in this article, with respect to those first appointed.
§ 1051. Fees and expenses. The fees and expenses of the commissioners, or of the referee, including the expense of a survey, when it is made, must be taxed under the direction of the court; and the amount thereof must be paid by the plaintiff, and allowed to her, upon the taxation of her costs.
§ 1052. Fees of surveyor or commissioner in action for dower. A surveyor, employed as prescribed by law, in an action for dower, or to determine dower, is entitled to five dollars for each day actually and necessarily occupied in surveying, laying out, marking, or mapping land therein. Each assistant so employed is entitled to […]
§ 1061. Final judgment. Upon the report being confirmed by the court, final judgment must be rendered. If the referee or commissioners have admeasured and laid off to the plaintiff a distinct parcel of the property, the judgment must award to her, during her natural life, the possession of that parcel, describing it, subject to […]
§ 1062. Plaintiff may recover sum awarded; court may modify judgment. The plaintiff may, from time to time, maintain an action against the owner, or a person who was the owner of the property, to recover any instalment of the sum, so awarded to her for her dower, which became due during his ownership, and […]
§ 1063. Junior incumbrances; not affected by admeasurement. Where a portion of the property is admeasured and laid off to the plaintiff as her dower, a lien which is inferior to the plaintiff’s right of dower attaches, during the life of the plaintiff, to the residue, or to the portion or share of the residue […]
§ 1064. Appeal not to stay execution if undertaking is given. An appeal from a final judgment awarding to the plaintiff possession of the part admeasured and laid off to her does not stay the execution thereof unless the court, or a judge thereof, grants an order directing such a stay. Such an order shall […]
§ 1071. Plaintiff may consent to receive a gross sum. In an action for dower, the plaintiff may, at any time before an interlocutory judgment is rendered, by reason of the defendant’s default in appearing or pleading, or, where an issue of fact is joined, at any time before the commencement of the trial, file […]
