§ 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 […]
§ 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 person as appraiser, who after taking an oath fairly to appraise the real property, shall go upon the premises, and make an appraisal of the property and […]
§ 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 conservator and contain directions respecting the time, manner and conditions of the disposition.
§ 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 the proceeds arising from the transaction, he shall give security for the faithful performance of his trust, for the paying over and investing of and accounting for […]
§ 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 to the approval of the court, and must report the agreement to the court under oath. Such agreement may be […]
§ 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 estate for life, or for years, in the whole or any part thereof, the person having the prior right or […]
§ 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 judgment may authorize the guardian, committee or conservator to join, with the person or persons holding the reversionary estate, in […]
§ 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 by which it was devised, or of a conveyance or other instrument by which it was transferred, to the infant, incompetent […]
§ 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 or conservatee, has the same validity and effect as if executed by the person in whose behalf it was executed, and as if the infant […]
§ 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 not give to the infant or incompetent person any other or greater interest in the proceeds of the sale than he had […]
§ 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 direct the payment from the proceeds of all debts, in equal proportion, without giving a preference to a debt founded upon a specialty […]
§ 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 shall direct that the value of such estate be paid from the proceeds of disposition. 2. The manner […]
§ 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 the property to which the inchoate right of dower attaches, the court shall make an order requiring one-third […]
§ 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 case of a sale, shall cause the proceeds of the sale, after paying the […]
§ 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 as it may require. 2. If the proceeds do not exceed one thousand dollars, […]
§ 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 die before the conservatorship is terminated not leaving any personal property, or not leaving sufficient personal property to […]
