§ 1043 — Dower, how admeasured

New York § 1043

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 10: Action For Dower

Text

§ 1043. Dower, how admeasured. The referee or the commissioners must\nexecute their duties in the following manner:\n 1. They must, if it is practicable, and, in their opinion, for the\nbest interests of all the parties concerned, admeasure and lay off, as\nspeedily as possible, as the dower of the plaintiff, a distinct parcel,\nconstituting the one-third part of the real property of which dower is\nto be admeasured, designating the part so laid off by posts, stones, or\nother permanent monuments.\n 2. In making the admeasurement, they must take into consideration any\npermanent improvements, made upon the real property, after the death of\nthe plaintiff's husband, or after the alienation thereof by him; and, if\npracticable, those improvements must be awarded within the part not laid\noff to the plaintiff; or, if it is not practicable so to award them, a\ndeduction must be made from the part laid off to the plaintiff,\nproportionate to the benefit which she will derive from so much of those\nimprovements, as is included in the part laid off to her.\n 3. If it is not practicable, or if, in the opinion of the referee or\ncommissioners, it is not for the best interests of all the parties\nconcerned, to admeasure and lay off to the plaintiff a distinct parcel\nof the property, as prescribed in the foregoing subdivisions of this\nsection, they must report that fact to the court.\n 4. They may employ a surveyor, with the necessary assistants, to aid\nin the admeasurement.\n