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This entry was published on 2014-09-22
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SECTION 2218
Deposit in court for benefit of legatee, distributee or beneficiary
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 22
§ 2218. Deposit in court for benefit of legatee, distributee or
beneficiary. 1. (a) Where it shall appear that an alien legatee,
distributee or beneficiary is domiciled or resident within a country to
which checks or warrants drawn against funds of the United States may
not be transmitted by reason of any executive order, regulation or
similar determination of the United States government or any department
or agency thereof, the court shall direct that the money or property to
which such alien would otherwise be entitled shall be paid into court
for the benefit of said alien or the person or persons who thereafter
may appear to be entitled thereto. The money or property so paid into
court shall be paid out only upon order of the surrogate or pursuant to
the order or judgment of a court of competent jurisdiction.

(b) Any assignment of a fund which is required to be deposited
pursuant to the provisions of paragraph one (a) of this section shall
not be effective to confer upon the assignee any greater right to the
delivery of the fund than the assignor would otherwise enjoy.

2. Where it shall appear that a beneficiary would not have the benefit
or use or control of the money or other property due him or where other
special circumstances make it desirable that such payment should be
withheld the decree may direct that such money or property be paid into
court for the benefit of the beneficiary or the person or persons who
may thereafter appear entitled thereto. The money or property so paid
into court shall be paid out only upon order of the court or pursuant to
the order or judgment of a court of competent jurisdiction.

2-a. Where it appears to the court that the laws of a foreign country
or sovereignty effectively deny a New York state resident beneficiary
legatee or distributee of the benefit, use or control of money or other
property, a decree issued in a matter concerning the right of a resident
of such foreign country or sovereignty to the benefit, use or control of
money or other property with a situs in New York state may direct that
such money or property be paid into the court for the benefit of the
beneficiary or the person or persons who may thereafter appear entitled
thereto. The money or property so paid into the court shall be paid out
only upon order of the court or pursuant to the order or judgment of a
court of competent jurisdiction.

3. In any such proceeding where it is uncertain that an alien
beneficiary or fiduciary not residing within the United States, the
District of Columbia, the Commonwealth of Puerto Rico or a territory or
possession of the United States would have the benefit or use or control
of the money or property due him the burden of proving that the alien
beneficiary will receive the benefit or use or control of the money or
property due him shall be upon him or the person claiming from, through
or under him.

4. Nothwithstanding any laws of inheritance or descent and
distribution of any state or territory of the United States, and
notwithstanding similar laws of foreign countries or sovereignties, such
states or territories of the United States or foreign countries or
sovereignties may not claim for themselves, as heirs or distributees or
by any other theory of inheritance, any funds whose situs is in this
state and which have been deposited pursuant to the laws of the state of
New York for the benefit of any distributee, heir, legatee or owner of
said funds, whether known or unknown, or for any person whose
whereabouts are unknown.