§ 1061. Final judgment. Upon the report being confirmed by the court,\nfinal judgment must be rendered. If the referee or commissioners have\nadmeasured and laid off to the plaintiff a distinct parcel of the\nproperty, the judgment must award to her, during her natural life, the\npossession of that parcel, describing it, subject to the payment of all\ntaxes, assessments, and other charges, accruing thereupon after she\ntakes possession. If the referee or the commissioners report, that is\nnot practicable, or that, in his or their opinion, it is not for the\nbest interests of all the parties concerned, so to admeasure and lay off\na distinct parcel of the property, the final judgment must direct, that\na sum, fixed by the court, and specified therein, equal to one-third of\nthe rental value of the real property, as ascertained by a reference or\notherwise, be paid to the plaintiff, annually or oftener, as directed in\nthe judgment, during her natural life, for her dower in the property;\nand that the sum so to be paid, be and remain a charge upon the\nproperty, during her natural life. The final judgment may also award\ndamages for the withholding of dower.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.