§ 206 — Petition for release of escheated lands

New York § 206

• Jurisdiction: New York
• Law ABP: Abandoned Property
• Art. 2: Escheat of Real Property

Text

§ 206. Petition for release of escheated lands. 1. Where there is\ngood reason to believe that real property shall have escheated to the\nstate and final judgment shall not have been entered as hereinbefore\nprovided, a petition for the release to the petitioner of any interest\nin real property believed to have escheated to the state by reason of\nthe failure of heirs or the incapacity, for any reason except infancy or\nmental incompetency, of any of the petitioner's alleged predecessors in\ninterest to take such property by devise or otherwise, or to convey the\nsame or by reason of the alienage of any person, who but for such\nalienage would have succeeded to such interest, may be presented to the\ncommissioner of general services within forty years after such escheat.\nSuch petition may be presented:\n a. By any person who would have succeeded to such interest but for his\nalienage or the alienage of another person, or\n b. By the surviving husband, widow, stepfather, stepmother or adopted\nchild of the person whose interest has so escheated, or\n c. By the purchaser at a judicial sale or sheriff's sale on execution,\nor\n d. By an heir, devisee, assignee, grantee, immediate or remote, or\nexecutor of any person, who but for his death, assignment or grant could\npresent such petition, or the alleged grantee of any person or of any\nassociation or body, whether incorporated or not, who or which would\nhave succeeded by devise or otherwise to the title of such person but\nfor his alienage or a legal incapacity to take or convey the property so\nescheated, or\n e. By a person having a contract to purchase made prior to the date of\nescheat with the person whose interest shall have escheated.\n 2. Such petition shall be verified by each petitioner in the same\nmanner as a pleading in a court of record may be verified, and shall\nallege:\n a. The name and residence of each person owning any interest in such\nreal property immediately prior to the escheat;\n b. The name and residence of each petitioner and the circumstances\nwhich entitle him to present such petition;\n c. The name and place of residence of every person who would have\nsucceeded to any such interest but for his alienage or the alienage of\nanother or any other rule of legal incapacity hereinabove mentioned\naffecting an attempted transfer of such interest to such person or to or\nby any of his alleged predecessors in interest;\n d. The description and value, at the date of the verification of the\npetition, of such real property sought to be released;\n e. The description and value, at the date of the verification of the\npetition, of all the property of every such owner, which shall have\nescheated to the people of the state by reason of failure of heirs or\nalienage and which shall not then have been released or conveyed by the\nstate;\n f. The name and residence of each person having or claiming an\ninterest in such real property at the date of the verification of the\npetition and the nature and value of such interest;\n g. Any special facts or circumstances by reason of which it is claimed\nthat such interest should be released to the petitioner;\n h. The name and residence of each person in possession or occupation\nof the premises and the nature, if any, of the interest of such person;\n i. The name and residence of each person having filed a protest with\nthe commissioner of general services under the provisions of section two\nhundred ten.\n Such petition may be filed within sixty days after its verification\nwith the office of general services.\n