Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2222
Legacy or distributive share payable to unknown person to be paid to comptroller 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 22
§ 2222. Legacy or distributive share payable to unknown person to be

paid to comptroller

1. Where the person entitled to a legacy or distributive share is
unknown the decree must direct the fiduciary to pay the amount thereof
to the comptroller of the state for the benefit of the person or persons
who may thereafter appear to be entitled thereto.

The decree must also direct that such payment be accompanied by a copy
of the decree, certified by the clerk of the court to be a true copy of
the original on file in his office. The fee for such certification shall
be deemed a necessary and proper disbursement, to be charged against and
deducted from said legacy or distributive share prior to payment of same
to the comptroller, said disbursement to be paid or credited to the
person making the same, as the surrogate in said decree may direct.

2. The court or the supreme court upon the petition of a person
claiming to be so entitled and upon at least 14 days' notice,
accompanied with a copy of the petition, to the attorney general, the
state comptroller and the public administrator of the county or if there
be none, the county treasurer, may by a reference or by directing the
trial of an issue by a jury or otherwise, ascertain the rights of the
persons interested and grant an order directing the payment of any money
which appears to be due to the claimant, but without interest and after
deducting all expenses incurred by the state with respect thereto.

3. The comptroller upon the production of a certified copy of the
order must draw his warrant upon the abandoned property fund for the
amount therein directed to be paid payable to the person entitled
thereto.

4. At any time prior to the granting of an order therein notice of the
claim, accompanied with a copy of the petition, shall be given by the
petitioner to such persons and in such manner as directed by the court.