N.Y. Real Property Actions and Proceedings Law 1741 – Reference
§ 1741. Reference. 1. The court may appoint a referee to receive evidence and report his opinion thereon.
Terms Used In N.Y. Real Property Actions and Proceedings Law 1741
- conservatee: means a person who has suffered substantial impairment of his ability to care for his property or has become unable to provide for himself or others dependent upon him for support for whom a conservator of his property has been appointed, pursuant to § 77. See N.Y. Real Property Actions and Proceedings Law 1701
- Dower: A widow
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- incompetent person: means a person incompetent to manage his affairs of whose property a committee has been appointed pursuant to § 78. See N.Y. Real Property Actions and Proceedings Law 1701
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. The referee's report shall include conclusions as to: what, if any, form, terms and conditions of disposition of the real property or interest would be beneficial to the infant, incompetent person or conservatee, and the reasons therefor; whether the infant, incompetent person or conservatee is in absolute need of some and what portion of the proceeds of such disposition, for a purpose specified in the petition, in addition to what he might earn by his own exertions; the value of the property or interest to be disposed of, specifically, as to each separate lot or parcel, with the incumbrances, if any, thereon, and whether there is any person entitled to dower or a life estate, or estate for years.