Section 1920. Disposition of surplus in action to enforce mortgage or other lien 1  


Latest version.
  • Where real property liable to be disposed of as prescribed in this
      act is sold in an action or special proceeding, or otherwise, to enforce
      a mortgage or other lien thereon which  accrued  during  the  decedent's
      lifetime  the  surplus  money  must  be  paid into the surrogate's court
      having jurisdiction to issue letters upon the estate of the decedent, in
      the following cases:
        (a)  Where 18 months have not elapsed since the date when letters were
      issued to the original fiduciary.
        (b)  Where a proceeding for the disposition of the  real  property  of
      the  decedent  or  for  a  judicial  settlement  of  the accounts of the
      fiduciary has been commenced within 18  months  from  the  date  of  the
      issuance of such letters and is still pending.
        (c)    Where  no  such  letters  have been issued and 2 years have not
      elapsed since the death of the decedent.
        2.  Money paid into the surrogate's court as herein provided, pursuant
      to any direction of another court may be paid out to  the  fiduciary  of
      the  decedent,  as  directed by an order of the surrogate's court, to be
      accounted for by him upon the judicial settlement of his accounts or  in
      a  special  proceeding brought for that purpose in the surrogate's court
      an order may be entered directing distribution to the  persons  entitled
      thereto  if  18  months  have  elapsed  since letters were issued to the
      original fiduciary upon the estate of the decedent or if no such letters
      have been issued 2 years have elapsed since the death of the decedent.