Section 1911. Action to extinguish inchoate right of dower  


Latest version.
  • 1. An owner of
      land subject to an inchoate right of dower may maintain an action in the
      supreme court against the possessor of such  right  to  have  the  right
      extinguished. In such action the court shall find the present cash value
      of  the  inchoate  right  of  dower  according  to the law applicable to
      annuities and survivorships. It shall also determine whether the payment
      to the defendant of the sum found, in lieu of her right, would be unduly
      prejudicial to her. If the court determines that such payment would  not
      be  unduly  prejudicial, the court, upon proof of payment of such sum to
      the defendant or upon payment into court for her credit, shall  make  an
      order declaring the inchoate right of dower extinguished.
        2.  Nothing  herein contained shall be construed to affect section 967
      or article 17 of this chapter, or section two hundred and forty-eight of
      the surrogate's court act.