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This entry was published on 2014-09-22
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SECTION 1061
Final judgment
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10
§ 1061. Final judgment. Upon the report being confirmed by the court,
final judgment must be rendered. If the referee or commissioners have
admeasured and laid off to the plaintiff a distinct parcel of the
property, the judgment must award to her, during her natural life, the
possession of that parcel, describing it, subject to the payment of all
taxes, assessments, and other charges, accruing thereupon after she
takes possession. If the referee or the commissioners report, that is
not practicable, or that, in his or their opinion, it is not for the
best interests of all the parties concerned, so to admeasure and lay off
a distinct parcel of the property, the final judgment must direct, that
a sum, fixed by the court, and specified therein, equal to one-third of
the rental value of the real property, as ascertained by a reference or
otherwise, be paid to the plaintiff, annually or oftener, as directed in
the judgment, during her natural life, for her dower in the property;
and that the sum so to be paid, be and remain a charge upon the
property, during her natural life. The final judgment may also award
damages for the withholding of dower.