gross sum, in satisfaction of her right of dower, or to have one third of those proceeds paid into court, for the purpose of being invested for her benefit, as prescribed in the next section with respect to the dowress of an undivided share.

Id., 51, amended; Jordan v. Van Epps, 19 Hun, 526; Jackson v. Edwards, 7 Paige, 386.

§ 1569. Gross sum to be paid to or invested for tenant in dower, etc.-A party to an action for partition, who has a right of dower, or is a tenant for life, or for years, in or of an undivided share of the property sold, is entitled to receive, from the proceeds of the sale, a gross sum, to be fixed according to the principles of law applicable to annuities, in satisfaction of his or her estate or interest. The written consent of the party to receive such a gross sum, acknowledged or proved, and certified, in like manner as a deed to be recorded, must be filed, at the time of, or before, the filing of the report of sale; otherwise, the court must direct that, out of the proceeds of the sale, which belong to the undivided share to which the estate or interest attaches, one-third, in case of a dowress, and in any other case arising under this section, the entire proceeds, or such a proportion thereof as fairly represents the interest of the holder of the particular estate, be paid into court, for the purpose of being invested for his or her benefit.

Id., 52, 53 and 54, amended; Banks . Banks, 2 N. Y. Sup. Ct. (T. & C.) 453; Schell v. Plumb, 55 N. Y. 592; Dwyer e. Dwyer, 13 Abb. Pr. (N. S.) 269; see Rule 76 and 1579, post; Benedict v. Seymour, 11 How.

176.

1570. Interests of owners of future estates to be protected. Where it appears, that a party to the action has an inchoate right of dower, or any other future right or estate, vested or contingent, in any other property sold, the court must fix the proportional value of the right or estate, according to the principles of law applicable to annuities and survivorships, and must direct that proportion of the proceeds of the sale to be invested, secured or paid over, in such a manner as it deems best calculated to protect the rights and interests of the parties.

L. 1840, ch. 177,1 (4 Elm. 511), amended; Jackson . Edwards, 7 Paige, 386-408; 22 Wend. 493; Bartlett v. Van Zandt, 4 Sandf. Ch. 396; see Mead v. Mitchell, 5 Abb. 92, 100.

1571. Married woman may release her interest. A married woman may release to her husband her inchoate right of dower, in the property directed to be sold, by a written instrument, duly acknowledged by her and certified, as required by law with respect to the acknowledgment or a conveyance to bar her dower; which must be filed with the clerk. Thereupon, the share of the proceeds of the sale, arising from her contingent interest, must be paid to her husband.

Id., 2.

1572. Unknown owners.-If a person, entitled to an estate or interest in the property sold, is made a party as an unknown defendant, the court must provide for the protection of his rights, as far as may be, as if he was known and had appeared.

2 R. S. 326, 55 (2 Edm. 336); also, see 1541 and 1557, subd. 1, ante. § 1573. Sale; terms of credit thereupon.-The court must, in the interlocutory judgment for a sale, direct the terms of credit which may be allowed for any portion of the purchase-money, of which it thinks proper to direct the investment, and for any portion of the pur chase-money, which is required to be invested for the benefit of a person, as prescribed in this article.

Id., 38.

1574. Credit; how secured.-The portion of the purchase-money, for which credit is so allowed, must always be secured at interest, by a mortgage upon the property sold, with a bond of the purchaser; and by such additional security, if any, as the court prescribes.

Id., 239.

1575. Separate securities. The officer making the sale may take separate mortgages and other securities in the name of the county treasurer of the county in which the property is situated, for such convenient portions of the purchase-money, as are directed by the court to be invested; and in the name of the owner, for the share of any known owner of full age, who desires to have it invested.

Id., 40, amended; see 745, ante.

§ 1576. Report of sale.-Immediately after completing the sale, the officer making it must file with the

clerk his report thereof under oath, containing a description of each parcel sold, the name of the purchaser thereof, and the price at which it was sold.

Id., 59.

1577. Final judgment; effect thereof.-If the sale is confirmed by the court, a final judgment must be entered, confirming it accordingly; directing the officer making it to execute the proper conveyances, and take the proper securities pursuant to the sale; and also directing concerning the application of the proceeds of the sale. Such a final judgment is binding and conclusive upon the same persons, upon whom a final judgment for partition is made binding and conclusive by section 1557 of this act; and it effectually bars each of those persons, who is not a purchaser at the sale, from all right, title and interest in the property sold.

Id., 22 60, 61a and 61b, amended; see 1557, ante; Muller v. Struppman, 6 Abb. N. C. 343; Jordan v. Poillon, 77 N. Y. 518; Reid r. Gardner, 65 id. 578; Brevoort v. Brevoort, 70 id. 136; Marvin . Marvin, 52 How. Pr. 97; S. C., 1 Abb. N. C. 372; Cole v. Hall, 2 Hill, 625; Van Ormond r. Phelps, 6 Barb. 500; Lynch . Rome Gas Light Co., 42 id. 395; Wood v. Martin, 6 id. 242; Boyd v. Dowie, 65 id. 237; Jackson v. Anderson, 531d. 259.

§ 1578. Id.; effect thereof upon incumbrancers.— Such a final judgment is also a bar against each person, not a party, who has, at the time when it is rendered, a lien on the undivided share or interest of a party, if notice was given to appear before the referee, and make proof of liens, as prescribed in section 1562 of this act.

Id., 61b; L. 1830, ch. 320, 45; see 2 1561 and 1562, ante.

1579. Costs and expenses; how paid.-Where final judgment, confirming a sale, is rendered, the costs of each party to the action, and the expenses of the sale, including the officer's fees, must be deducted from the proceeds of the sale, and each party's costs must be paid to his attorney. But the court may, in its discretion, direct that the costs and expenses of any trial, reference, or other proceeding in the action, be paid out of the share of any party in the proceeds, or may render judgment against any party therefor. Where a proportion of the proceeds is to be paid to, or invested for the benefit of any person, as prescribed in any provision of this article, the amount thereof must be de

termined by the residue of the entire proceeds, remaining after deducting the costs and expenses chargeable against them.

Id., 23 62 and 72, amended; Hammersley v. Hammersley, 7 N. Y. Leg. Obs. 127; Crandall v. Hoysradt, 1 Sandf. Ch. 40; Tibbetts e. Tibbetts, 7 Paige, 201; Creighton e. Ingersoll, 20 Barb, 541; Tanner v. Niles, 1 id, 560; McWhorter v. Gibson, 2 Wend. 443.

1580. Distribution of proceeds.-The proceeds of a sale, after deducting there from the costs and expenses chargeable against them, must be awarded to the parties whose rights and interests have been sold, in proportion thereto. The sum chargeable upon any share, to satisfy a lien thereon, must be paid to the creditor, or retained, subject to the order of the court; and the remainder, except as otherwise prescribed in this arti cle, must be paid, by the officer making the sale, to the party owning the share, or his legal representatives, or into court for his use.

Id., 63; Robinson r. McGregor, 16 Barb. 531.

1581. Shares of infants.-Where a party, entitled to receive a portion of the proceeds, is an infant, the court may in its discretion, direct it to be paid to his general guardian, or to be invested in permanent securities, at interest, in the name and for the benefit of the infant. Id., 64; Carpenter v. Schermerhorn, 2 Barb. Ch. 314; Sears v. Hyer, 1 Paige, 483.

1582. Id.; of unknown and absent owners.— Where a person has been made a defendant as an unknown person; or where the name of a defendant is unknown; or where the summons has been served upon a defendant without the State, or by publication, and he has not appeared in the action; the court must direct his portion to be invested in permanent securities, at interest for his benefit until claimed by him or his legal representatives.

Id., 65.

1583. Id.; of tenants of particular estates.-Where a portion of the proceeds, representing an undivided share or interest, is invested for the benefit of a tenant for life, or for years, or of a widow, as prescribed in the foregoing provisions of this article, the court must cause it to be invested in permanent securities, at interest, and the interest to be paid, from time to time as it.

accrues, to the person for whose benefit it is invested, while his or her right continues.

Id., 66, amended; see 1569, ante.

§ 1584. Court may require security to refund.—The court may, in its discretion, require any person, before he receives his portion of the proceeds of the sale, to give such security as it directs, to the people, or to such parties or other persons as it prescribes, to refund the same, or a portion thereof, with interest, if it thereafter appears that he was not entitled thereto.

Id., 67, amended.

1585. Security to be taken in name of county treasurer.-A security taken under any provision of this article, except as otherwise specially prescribed therein,,must be taken in the name and official title of the county treasurer of the county in which the property sold is situated. He, and his successors in office, must hold the same for the use and benefit of the persons interested, subject to the order of the court.

Id., 68, amended by L. 1848, ch. 277, 1 (4 Edm. 593); see, also, 745, ante.

§ 1586. Action thereupon.-The court may in its discretion, and upon such terms and conditions as justice requires, make an order, allowing a person interested in a security specified in the last section, to maintain an action thereupon in the name of the county treasurer.

Id., 71, amended; see 1745-754, ante.

1587. Compensation to equalize partition.-Where it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights or interests of some of them, the final judgment may award compensation to be made by one party to another for equality of partition. But compensation cannot be so awarded against a party who is unknown, or whose name is unknown. Nor can it be awarded against an infant, unless it appears, that he has personal property sufficient to pay it, and that his interests will be promoted thereby.

Id..83a: Prentice v. Jansen, 21 Alb. L. J., not yet reported; Larkin . Mann, 2 Paige, 27; Haywood v. Judson, 4 Barb. 229; Post v. Post, 65 id. 192; Will. Eq. Jur. 700, 705.