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This entry was published on 2014-09-22
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Commission to be issued if life tenant is without the state
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 11
§ 1121. Commission to be issued if life tenant is without the state.
If before or at the time of the presentation of the referee's report to
the court, or, where a referee is not appointed, at any time before the
final order is made, the party upon whom the petition and notice are
served presents to the court presumptive proof, by affidavit, that the
person whose death was in question is, or lately was, at a place certain
without the state, the court must make an order requiring the petitioner
to take out a commission, directed to one or more persons residing at or
near that place, either designated in the order or to be appointed upon
a subsequent application for the commission, for the purpose of
obtaining a view of the person whose death is in question and of taking
such testimony respecting his identity as the parties produce. The order
must also direct that the proceedings upon the petition be stayed until
the return of the commission and that the petition be dismissed, with
costs, unless the petitioner takes out the commission within a time
specified in the order, and diligently procures it to be executed and
returned at his own expense.