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This entry was published on 2014-09-22
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SECTION 1911
Action to extinguish inchoate right of dower
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 19
§ 1911. Action to extinguish inchoate right of dower. 1. An owner of
land subject to an inchoate right of dower may maintain an action in the
supreme court against the possessor of such right to have the right
extinguished. In such action the court shall find the present cash value
of the inchoate right of dower according to the law applicable to
annuities and survivorships. It shall also determine whether the payment
to the defendant of the sum found, in lieu of her right, would be unduly
prejudicial to her. If the court determines that such payment would not
be unduly prejudicial, the court, upon proof of payment of such sum to
the defendant or upon payment into court for her credit, shall make an
order declaring the inchoate right of dower extinguished.

2. Nothing herein contained shall be construed to affect section 967
or article 17 of this chapter, or section two hundred and forty-eight of
the surrogate's court act.