ยง 1112. When life tenant deemed dead and petitioner let into
possession. If it appears from the referee's report, or upon the
hearing before the court, that the person upon whose life the prior
estate depends was not produced and if the party required to produce
him, or to prove his existence has not proved to the satisfaction of the
court that he is living, a final order must be made, declaring that he
is presumed to be dead, for the purpose of the proceedings, and
directing that the petitioner be forthwith let into possession of the
real property, as if that person was actually dead.
Structure New York Laws
RPA - Real Property Actions and Proceedings
Article 11 - Proceeding to Discover the Death of a Tenant for Life
1101 - Petition for Production of Tenant for Life.
1103 - Service of Petition and Notice.
1104 - Proceedings Upon Presentation of Petition.
1105 - Service of Order; Powers of Court or Referee.
1111 - Dismissal of Petition When Order Complied With.
1112 - When Life Tenant Deemed Dead and Petitioner Let Into Possession.
1121 - Commission to Be Issued if Life Tenant Is Without the State.
1122 - General Provisions Respecting the Commission.
1123 - Petitioner to Give Notice of Its Execution.
1125 - Proceedings on Return of Commission.
1141 - Property; When Restored.