§ 2222 — Legacy or distributive share payable to unknown person to be paid to comptroller 1

§ 2222. Legacy or distributive share payable to unknown person to be\n paid to comptroller\n 1. Where the person entitled to a legacy or distributive share is\nunknown the decree must direct the fiduciary to pay the amount thereof\nto the comptroller of the state for the benefit of the person or persons\nwho may thereafter appear to be entitled thereto.\n The decree must also direct that such payment be accompanied by a copy\nof the decree, certified by the clerk of the court to be a true copy of\nthe original on file in his office. The fee for such certification shall\nbe deemed a necessary and proper disbursement, to be charged against and\ndeducted from said legacy or distributive share prior to payment of same\nto the comptroller, said disbursement to be paid or credited to the\nperson making the same, as the surrogate in said decree may direct.\n 2. The court or the supreme court upon the petition of a person\nclaiming to be so entitled and upon at least 14 days' notice,\naccompanied with a copy of the petition, to the attorney general, the\nstate comptroller and the public administrator of the county or if there\nbe none, the county treasurer, may by a reference or by directing the\ntrial of an issue by a jury or otherwise, ascertain the rights of the\npersons interested and grant an order directing the payment of any money\nwhich appears to be due to the claimant, but without interest and after\ndeducting all expenses incurred by the state with respect thereto.\n 3. The comptroller upon the production of a certified copy of the\norder must draw his warrant upon the abandoned property fund for the\namount therein directed to be paid payable to the person entitled\nthereto.\n 4. At any time prior to the granting of an order therein notice of the\nclaim, accompanied with a copy of the petition, shall be given by the\npetitioner to such persons and in such manner as directed by the court.\n