Laws of New York (Last Updated: November 21, 2014) |
DCD Debtor and Creditor |
Article 9. PAYMENT OF DEBTS OF INCOMPETENT PERSON OR CONSERVATEE |
Section 251. Authority for committee or conservator to compromise claims
Latest version.
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A court exercising jurisdiction over the property of a mentally ill person, mentally retarded person, alcohol abuser or conservatee may, upon the application of the committee of the property of such incompetent person or the conservator of the conservatee, and for good and sufficient cause shown, and upon such terms as it may direct, authorize the committee or conservator to sell, compromise or compound any claim or debt belonging to the estate of the incompetent person or conservatee. But such authority shall not prevent any party interested in the trust estate, from showing upon the final accounting of such committee or conservator that such debt or claim was fraudulently or negligently sold, compounded or compromised. The sale of any debt or claim heretofore made in good faith by any such committee or conservator, shall be valid, subject, however, to the approval of the court, and the committee or conservator shall be charged with and liable for, as a part of the trust fund, any sum which might or ought to have been collected by him.