New York Surrogate's Court Procedure Act Code § 1909

Rights of the parties to be determined; unknowns 1
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§ 1909. Rights of the parties to be determined; unknowns\n  1. Where an order is made directing the sale of the real property for\ndistribution or directing the transfer thereof to a spouse or\nbeneficiary the court may fix and determine the rights and interests of\nthe respective parties in the order, or may postpone the determination\nuntil the final judicial settlement of the accounts of the fiduciary.\n  2. If a party entitled to an estate or interest in the property is\nmade a party as a person unknown the court must provide for the\nprotection of his rights, as far as may be, as if he were known and had\nappeared.\n

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