ยง 969. Shares of infant, incompetent or conservatee. Where a party
entitled to receive a portion of the proceeds of sale is an infant,
incompetent or conservatee, such portion may be disposed of as follows:
1. The court may direct it to be invested in permanent securities in
the name and for the benefit of the infant, incompetent or conservatee,
or it may direct it to be paid over to the general guardian of the
infant, committee of the incompetent or conservator of the conservatee,
when the guardian, committee conservator shall have executed an
undertaking to such infant, incompetent or conservatee; or,
2. Where a general guardian, committee or conservator has been
appointed, upon proof that it will be for the best interest and
advantage of the estate of such infant, incompetent or conservatee
person, the court may authorize and direct such guardian, committee or
conservator, in the name of such infant, incompetent person or
conservatee, to make application for an award of a sum in gross as
provided in section 968; or,
3. If any of the moneys arising from the proceeds of such sale shall
have been paid to the county treasurer, and on due proof that such money
has remained uninvested in permanent securities for the space of three
months, the court may direct the same to be paid to the general
guardian, committee or conservator of such infant, incompetent or
conservatee upon his giving an undertaking for the faithful execution of
his trust; where said sum in hands of county treasurer does not exceed
the sum of one thousand dollars the court may direct the same to be paid
in accordance with subdivision five of this section; or,
4. In the case of an infant, incompetent or conservatee residing
without the state and having in the state or country where he or she
resides a general guardian, committee or conservator, or person duly
appointed under the laws of such state or country to the control, and
entitled by the laws of such state or country to the custody, of the
money of such infant, incompetent or conservatee, the court, upon
satisfactory proof of such facts and of the sufficiency of the
undertaking given by such general guardian, committee or conservator or
person in such state or country by the certificate of a judge of a court
of record of such state or country, or otherwise, may direct that the
portion of such infant, incompetent or conservatee arising upon such
sale shall be paid over to such general guardian, committee or
conservator or person; or,
5. If the portion of the proceeds arising upon such sale which belongs
to an infant, incompetent or conservatee residing within or without the
state does not exceed one thousand dollars, the court may direct that
the same may be paid to his father, or to his mother or to some
competent person with whom the infant, incompetent or conservatee
resides, or who has some interest in his welfare, for the use and
benefit of such infant, incompetent or conservatee.
Structure New York Laws
RPA - Real Property Actions and Proceedings
Article 9 - Action for Partition
907 - Trial of Title or Interest.
913 - Inquiry as to Creditors.
916 - Interlocutory Judgment Directing Partial Partition.
917 - Interlocutory Judgment Directing Partition in Common.
918 - Interlocutory Judgment Directing Sale or Exception of Lien or Dower Interest.
919 - Interlocutory Judgment Directing Credit on Sale.
922 - Meeting of Commissioners; Report of Actual Partition; Confirming or Setting Aside Report.
923 - Security for Credit on Sale.
925 - Report of Sale; Confirmation.
927 - Contents of Judgment After Actual Partition.
928 - Effect of Judgment After Actual Partition.
929 - Lien of Creditor Upon Share Partitioned.
931 - Contents of Judgment After Sale.
933 - Effect of Judgment After Sale.
941 - Judgment as to Parties Having Interest in Entire Property.
943 - Judgment Directing Compensation to Equalize Partition.
945 - Judgment Adjusting Rents and Profits.
947 - Judgment Affecting State Tax Claim.
961 - Disposition of Proceeds of Sale.
962 - Payment of Proceeds Into Court Where There Are Liens.
963 - Payment of Proceeds Out of Court Where There Are Liens.
964 - Payment of Proceeds Into Court in Cases Involving Decedent's Property.
965 - Payment of Proceeds Out of Court in Cases Involving Decedent's Property.
966 - Payment of Proceeds Directly to Parties in Cases Involving Decedent's Property.
967 - Payment of Proceeds to Owner of Particular or Future Estate.
968 - Manner of Payment of Proceeds to Owner of Particular or Future Estate.
969 - Shares of Infant, Incompetent or Conservatee.
970 - Shares of Unknown or Absent Owner.
973 - Report of Disposition of Proceeds.
991 - Proceeding for Share of Unknown Heirs; Presumption of Death; Service.