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This entry was published on 2014-09-22
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When particular estates to be included in disposition
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 17
§ 1746. When particular estates to be included in disposition. When
the real property, or interest in real property, directed to be sold is
subject, absolutely or contingently, to a right of dower or an estate
for life, or for years, in the whole or any part thereof, the person
having the prior right or estate may manifest in writing his consent,
either to receive from the proceeds of the sale a gross sum to be fixed
according to the principles of law applicable to annuities, in
satisfaction of his right or estate, or to have a proportionate share of
the proceeds of the sale invested, and the interest thereof paid to him,
from the time of the investment or of the commencement of his right or
estate, as justice requires, until the determination of his right or
estate. Upon filing the consent with the clerk, the judgment, in the
discretion of the court, may direct a sale of the entire property to
which the right or estate attaches.