This text of New York § 1904 (Petition and process 1) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 1904. Petition and process\n 1. A proceeding under this article may be instituted by filing of a\nverified petition by a fiduciary or any person interested. The petition\nshall include facts showing the condition of the estate.\n 2. If the petition be entertained process shall issue to all persons\ninterested and also to the creditors if the court so directs.\n 3. Upon judicial settlement of the accounts of a fiduciary any party\nto the proceeding may show facts which make a disposition of the real\nproperty left by the decedent desirable. When such relief is sought upon\nan accounting notice thereof shall be given in the process.\n 4. If any part of the reversion or remainder in the real property or\nin proceeds of sale thereof is limited in any contingency to the persons\nwho shall
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§ 1904. Petition and process\n 1. A proceeding under this article may be instituted by filing of a\nverified petition by a fiduciary or any person interested. The petition\nshall include facts showing the condition of the estate.\n 2. If the petition be entertained process shall issue to all persons\ninterested and also to the creditors if the court so directs.\n 3. Upon judicial settlement of the accounts of a fiduciary any party\nto the proceeding may show facts which make a disposition of the real\nproperty left by the decedent desirable. When such relief is sought upon\nan accounting notice thereof shall be given in the process.\n 4. If any part of the reversion or remainder in the real property or\nin proceeds of sale thereof is limited in any contingency to the persons\nwho shall compose a certain class upon the termination of any trust or\nlegal life estate, the process shall issue to and be served upon those\npersons who would be entitled to the reversion, remainder or proceeds if\nthe event upon which the termination of the trust or legal life estate\ndepended had happened immediately before the application was made.\n 5. No person shall be entitled to process under this section solely by\nreason of the fact that he has been or may be designated as appointee of\nsaid property or proceeds or of any interest therein, under a power of\nappointment or disposition.\n 6. The disposition may be authorized whether any persons who may\neventually become entitled to the remainders in the real property or to\nthe proceeds of the sale thereof are in being or not, and whether at the\ntime of the disposition the reversion is in the life tenant or in some\nother person.\n 7. The state of New York may be made a party in the same manner as a\nprivate person where it appears that the property may have escheated or\nwhere the state has a lien of record on the interest of any beneficiary.\nThe petition in that case shall show the nature of the interest of the\nstate and the reason or reasons for making the state a party to the\nproceedings. Upon failure to state such facts, the proceeding shall be\ndismissed as to the state.\n 8. The provisions of section three hundred fifteen shall apply to a\nproceeding under this section.\n