Section   1201.     Action by joint tenant or tenant in
                    common; may maintain action against co-

          1211.     Action by joint tenant, tenant in
                    common or tenant by the entirety for
                    extinguishment of missing co-tenant's estate
                    upon deposit of its value.

          1221.     Action to sell preemptive rights
                    against the city of New York.



A joint tenant or a tenant in common of real property, or his
executor or administrator, may maintain an action to recover his
just proportion against his co-tenant who has received more than
his own just proportion, or against his executor or


1.   Where real property is held by two or more persons in their
     own right as tenants in common, joint tenants or tenants by
     the entirety and one of such tenants is missing under
     circumstances which afford reasonable ground to believe that
     he is dead, the other tenants or tenant may maintain an
     action in the supreme court to obtain a determination of the
     value of the estate of the missing co-tenant and a judgment
     extinguishing the estate of the missing co-tenant upon
     payment into court for his credit of the amount so
     determined to be the value of his estate.

     Persons known or unknown who are or may be the devisees or
     distributees of a missing co-tenant may be joined as
     defendants in such action.

2.   (a)  Service upon the missing co-tenant shall be made
          in the manner provided for service in an action in
          which the complaint demands judgment that the person to
          be served be excluded from a vested or contingent
          interest in specific real property in this state. In
          addition, the court, at any stage of such action, may
          direct that notice of the action be published at or
          near the place where the co-tenant, when last heard
          from, was known or believed to be.

     (b)  The court may, in its discretion, appoint a guardian ad
          litem to represent the interests of the missing co-
          tenant, or of persons who are or may be his devisees or

3.   A finding of reasonable ground to believe that the missing
     co-tenant is dead may be made, for purposes of this section,
     either (a) upon proof that the co-tenant has been absent
     from his usual place of abode for seven successive years
     last past, and that a diligent search has been made to
     discover evidence that he is living and that no such
     evidence has been found, or (b) upon proof of other
     circumstances from which the probability that the missing co-
     tenant is dead may reasonably be inferred, although the
     period of his absence is less than seven years, provided
     that such period is not less than one year.

4.   Relief extinguishing the estate of the missing person shall
     be deemed equitable and shall be granted in the discretion
     of the court. However, no such relief shall be granted if
     the court shall find as a fact that the missing person is
     dead. In such event, the judgment dismissing the complaint
     shall state such determination, but shall not be deemed an
     adjudication of death of the missing person for any purpose
     other than the dismissal of the complaint and shall not be
     controlling in any other action or proceeding, whether or
     not between the same parties, in which the fact of death of
     the missing person is in issue.

5.   The finding of reasonable ground to believe that the missing
     person is dead shall be made, and the value of the property
     and of the estate of the missing co-tenant shall be
     determined, by the court without a jury or by a referee.

6.   The value of the estates of tenants by the entirety shall be
     deemed equal. The proportionate shares of joint tenants and
     tenants in common shall be determined in like manner as in
     an action for partition.

7.   Costs of the action, and fees and disbursements of a
     guardian ad litem appointed to represent the interests of
     the missing co- tenant or his devisees or distributees shall
     be assessed against the parties in such proportions as the
     court shall direct and the part thereof assessed against the
     missing person shall be charged against the value of the
     estate of the missing person.

8.   A judgment extinguishing the estate of the missing co-tenant
     shall be conclusive even though the missing person was in
     fact alive, or was in fact dead, at the date of the entry
     thereof, and shall be conclusive against (a) any person
     claiming under the missing person by title accruing or
     conveyance recorded after the filing of the judgment-roll,
     or of the notice of pendency of the action, and (b) any
     person claiming under the missing co-tenant who is made a
     party to the action. The judgment shall also have like
     effect as a conveyance made by the missing co-tenant or by
     the missing co-tenant and the other co-tenant or co-tenants,
     conveying the premises to the co-tenant or co-tenants in
     accordance with their interests resulting from the judgment.
     The court may direct that an instrument of conveyance in
     conformity with the judgment be executed and delivered by
     the sheriff in the name of the co-tenant.

               OF NEW YORK.

1.   In all cases where several persons are the owners, or claim
     to be the owners of any real estate or chattels real lying
     within the bounds of the city of New York, having different
     estates, or estates in common therein, in possession,
     remainder, or reversion, and which such persons shall, by
     virtue of such ownership, or claim to such ownership, be
     entitled, or claim to be entitled, by law to a preemptive
     right to have, take, or demand the grant or lease of any
     other land, or easement in land, from such city, the supreme
     court shall have power, and such court is hereby vested with
     full power and authority, on the application of either of
     such owners, or of such city, to decree an absolute sale and
     conveyance of such right of preemption, and to make such
     disposition of the net moneys arising from such sale, after
     the payment of the costs and expenses of the proceedings, as
     shall be just and proper, according to the rights and
     interests of such several owners.

2.   Whenever any owner shall reside in the city of New York,
     notice of such intended application shall be served
     personally on such owner, or by leaving the same at his
     dwelling-house with some person of suitable age and
     discretion at least twenty days before such application is
     made; and in all cases where such owner shall reside out of
     such city and within any of the United States, and such
     place of residence be known to the applicant, such notice
     shall be served by mail, addressed to such owner at his
     place of residence, at least three months before such
     application is made. Proof of such service by affidavit
     shall be made to the court before any order of sale shall be
     made. Any of the parties to such suit may become the
     purchaser on such sale.

3.   In all cases where any owner shall be an infant, a guardian
     shall be appointed for such infant, who shall give the like
     security, and possess the like powers, and discharge the
     like duties as in cases for the partition of lands.

4.   Such sale shall be made and conducted on like notice by the
     like officer, and in the same manner and form as sales of
     real estate on the foreclosure of a mortgage by virtue of a
     decree or order of such court, and a deed of conveyance for
     such right of preemption shall in like manner be executed
     and delivered to the purchaser, which deed shall vest in the
     purchaser absolutely all the claim, right, title, and
     interest of the owner of such right of preemption, and every
     of them, of, in or to such right of preemption thus sold and
     conveyed; provided always, in every case the applicant shall
     give six weeks' previous notice of such intended application
     if the owners entitled by law to such preemption right are
     residents, and six months' previous notice of such intended
     application if the owners entitled by law to such preemption
     right are non-residents of the state, by publication for
     three months successively, twice in each week, in two of the
     daily papers published in such city prior to such
     application to the court for an order of sale; and provided
     also, that the court shall be satisfied that such order of
     sale shall not interfere with or impair the obligation
     contained in any lease or contract made by such city to or
     with any person or persons whatsoever.

5.   Whenever a right of dower, whether inchoate or consummate, a
     tenancy by curtesy, or any other estate for life or for
     years shall have existed in the preemptive rights so sold
     and conveyed, the owner of such particular estate in the
     rights sold is entitled to receive from the moneys arising
     from such sale either a sum in gross or the earnings of a
     sum invested for his benefit. The determination as to
     whether a sum in gross or the earnings of a sum invested
     shall be awarded to the owner of such particular estate
     shall be governed by the provisions of section 968 with
     respect to the proceeds of a sale in partition.

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