1211 - Action by Joint Tenant, Tenant in Common or Tenant by the Entirety for Extinguishment of Missing Co-Tenant's Estate Upon Deposit of Its Value.

NY Real Prop Actions L § 1211 (2019) (N/A)
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(b) The court may, in its discretion, appoint a guardian ad litem to represent the interests of the missing co-tenant, or of persons who are or may be his devisees or distributees. 3. A finding of reasonable ground to believe that the missing co-tenant is dead may be made, for purposes of this section, either (a) upon proof that the co-tenant has been absent from his usual place of abode for seven successsive years last past, and that a diligent search has been made to discover evidence that he is living and that no such evidence has been found, or (b) upon proof of other circumstances from which the probability that the missing co-tenant is dead may reasonably be inferred, although the period of his absence is less than seven years, provided that such period is not less than one year. 4. Relief extinguishing the estate of the missing person shall be deemed equitable and shall be granted in the discretion of the court. However, no such relief shall be granted if the court shall find as a fact that the missing person is dead. In such event, the judgment dismissing the complaint shall state such determination, but shall not be deemed an adjudication of death of the missing person for any purpose other than the dismissal of the complaint and shall not be controlling in any other action or proceeding, whether or not between the same parties, in which the fact of death of the missing person is in issue. 5. The finding of reasonable ground to believe that the missing person is dead shall be made, and the value of the property and of the estate of the missing co-tenant shall be determined, by the court without a jury or by a referee. 6. The value of the estates of tenants by the entirety shall be deemed equal. The proportionate shares of joint tenants and tenants in common shall be determined in like manner as in an action for partition. 7. Costs of the action, and fees and disbursements of a guardian ad litem appointed to represent the interests of the missing co-tenant or his devisees or distributees shall be assessed against the parties in such proportions as the court shall direct and the part thereof assessed against the missing person shall be charged against the value of the estate of the missing person. 8. A judgment extinguishing the estate of the missing co-tenant shall be conclusive even though the missing person was in fact alive, or was in fact dead, at the date of the entry thereof, and shall be conclusive against (a) any person claiming under the missing person by title accruing or conveyance recorded after the filing of the judgment-roll, or of the notice of pendency of the action, and (b) any person claiming under the missing co-tenant who is made a party to the action. The judgment shall also have like effect as a conveyance made by the missing co-tenant or by the missing co-tenant and the other co-tenant or co-tenants, conveying the premises to the co-tenant or co-tenants in accordance with their interests resulting from the judgment. The court may direct that an instrument of conveyance in conformity with the judgment be executed and delivered by the sheriff in the name of the co-tenant.