§ 1911 — Action to extinguish inchoate right of dower

§ 1911. Action to extinguish inchoate right of dower. 1. An owner of\nland subject to an inchoate right of dower may maintain an action in the\nsupreme court against the possessor of such right to have the right\nextinguished. In such action the court shall find the present cash value\nof the inchoate right of dower according to the law applicable to\nannuities and survivorships. It shall also determine whether the payment\nto the defendant of the sum found, in lieu of her right, would be unduly\nprejudicial to her. If the court determines that such payment would not\nbe unduly prejudicial, the court, upon proof of payment of such sum to\nthe defendant or upon payment into court for her credit, shall make an\norder declaring the inchoate right of dower extinguished.\n 2. Nothing herein contained shall be construed to affect section 967\nor article 17 of this chapter, or section two hundred and forty-eight of\nthe surrogate's court act.\n