Section 968. Manner of payment of proceeds to owner of particular or future estate  


Latest version.
  • Whenever the  whole  or  a  part  of  the  proceeds  of  a  sale
      represents  the interest of a particular estate, and also represents one
      or more other interests  subsequent  thereto,  the  power  to  determine
      whether   the   owner   of  the  particular  estate  shall  receive,  in
      satisfaction of his estate or interest, a sum in gross or shall  receive
      the  earnings,  as  they  accrue,  of  a sum invested for his benefit in
      permanent securities at interest, rests in the discretion of the  court,
      except  that  if  all  parties  affected shall have agreed either to the
      payment of a sum in gross or the investment of the  proceeds  the  court
      shall,  by  order, give effect to such agreement. The application of the
      owner of any such particular estate for the award  of  a  sum  in  gross
      shall  be  granted  unless the court finds that unreasonable hardship is
      likely to be caused thereby to the owner of some other interest  in  the
      affected  real property. The application for the award of a sum in gross
      by the owner of some interest in the affected real property  other  than
      the  owner  of the particular estate shall be granted if the court finds
      that  the  granting  of  such  application  is   equitable   under   the
      circumstances.