ยง 1061. Final judgment. Upon the report being confirmed by the court,
final judgment must be rendered. If the referee or commissioners have
admeasured and laid off to the plaintiff a distinct parcel of the
property, the judgment must award to her, during her natural life, the
possession of that parcel, describing it, subject to the payment of all
taxes, assessments, and other charges, accruing thereupon after she
takes possession. If the referee or the commissioners report, that is
not practicable, or that, in his or their opinion, it is not for the
best interests of all the parties concerned, so to admeasure and lay off
a distinct parcel of the property, the final judgment must direct, that
a sum, fixed by the court, and specified therein, equal to one-third of
the rental value of the real property, as ascertained by a reference or
otherwise, be paid to the plaintiff, annually or oftener, as directed in
the judgment, during her natural life, for her dower in the property;
and that the sum so to be paid, be and remain a charge upon the
property, during her natural life. The final judgment may also award
damages for the withholding of dower.
Structure New York Laws
RPA - Real Property Actions and Proceedings
1001 - Limitation of Action for Dower.
1002 - Action Barred by Assignment of Dower.
1012 - Who May Be Joined as Defendants.
1013 - Actions Where Defendants Claim in Severalty.
1021 - Damages May Be Recovered; How Estimated.
1022 - Damages in Action Against Alienee of Husband.
1023 - Damages Where Several Parcels Are Affected.
1024 - Damages Apportioned Between Heir and Alienee.
1025 - Damages Against Grantee of Premises Subject to Dower.
1041 - Interlocutory Judgment for Admeasurement.
1052 - Fees of Surveyor or Commissioner in Action for Dower.
1062 - Plaintiff May Recover Sum Awarded; Court May Modify Judgment.
1063 - Junior Incumbrances; Not Affected by Admeasurement.
1064 - Appeal Not to Stay Execution if Undertaking Is Given.
1071 - Plaintiff May Consent to Receive a Gross Sum.
1072 - Defendant May Consent to Pay It; Proceedings Thereupon.
1073 - Interlocutory Judgment for Sale.
1074 - Direction That a Part Be Laid Off.
1075 - Liens to Be Ascertained.
1076 - Satisfaction or Protection of Lien.
1077 - Payment of Taxes, Assessments and Water Rates Out of Proceeds.
1079 - Final Judgment Upon Confirming Sale.