premises last above described, are subject to the powers, conditions and provisions of the last will and testament of the said M. D., deceased. [See also Form 1941.] [Where the share of a party is subject to a lien, state it, as, for instance, in Form 1977 from the* to the t.] FORM No. 2008. Where any parcel is set off for some parties. That the defendant Y. Z. hereinbefore adjudged to be entitled to immediate possession of a distinct parcel allotted to him2 [and the defendants U. V. and W. X. hereinbefore adjudged to be entitled to a distinct parcel to be enjoyed by them in common24] be respectively let into possession thereof immediately. FORM No. 2009. Where three years have not elapsed since death of former owner. That said sale be made free from the lien of the debts of said M. N., deceased, and the proceeds of such sale be paid into court to satisfy such debts as may be duly established.25 FORM No. 2010. Where the share of a party has been adjudged subject to an existing lien. That said referee [or, sheriff] pay into court according to law26 and the rules and practice of the court, the portion of the money arising from the sale of the share or interest of the abovementioned after deducting the portion of the costs and expenses for which it may be adjudged to be liable. FORM No. 2011. Where all the unsatisfied liens on a share have been ascertained, direct payment into court of the share, as above, and continue. 19 And that the same be thereafter paid to and distributed among the creditors having liens on that share, established by the report of the referee herein, confirmed the day of [according to the priority of each as therein ascertained], so far as necessary to satisfy said claims and extinguish said liens in accordance with the provisions of the final judgment to be entered herein. 23 N. Y. Code Civ. Pro., § 1558. 24 Id., 1548. 25 Palmer v. Terwilliger, 95 App. Div. 35, 88 N. Y. Supp. 526. The claims must be established before the surrogate. Jouffret v. Jouffret, 20 App. Div. 455, 46 N. Y. Supp. 810. 26 N. Y. Code Civ. Pro., §§ 15631565. An interlocutory judgment which fails to make such provision FORM No. 2012. Where there are unknown owners. That said referee [or, sheriff] pay into court according to law, and the rules and practice of the court, the portion of the purchase-money arising from the sale of the share or interest of said unknown owner, to wit, one part of the residue, after deducting [etc.], and that the same be invested according to law by in for the benefit of said unknown owners until claimed by them or their legal representatives, subject, however, to any liens which may be duly established against said share.27 FORM No. 2013. Where a question as to a gross sum for a future, etc., estate is reserved.28 And said referee is further directed to inquire into the present proportional value of the inchoate right of dower of the defendant C. C. [or other future estate] according to the principles of law applicable to annuities and survivorships, and report the facts [and testimony], with his opinion thereon, to the court, to the end that further direction may be given as to the disposition of a share of the proceeds equal thereto. FORM No. 2014. Consent of widow or other tenant for life or for years to sale.29 [Title of court and action.] I, the undersigned, M. N., one of the defendants herein, entitled to a particular estate in the premises of which partition is sought, hereby consent that a sale of said premises be made herein pursuant to law, 30 [Date.] [Acknowledgment as in Form 822.] for an existing lien is irregular, and upon motion by the aggrieved lienor must be set aside as matter of right. Kelly v. Werner, 34 App. Div. 68, 53 N. Y. Supp. 1067. 27 N. Y. Code Civ. Pro., §§ 1572, 1582; Casey v. Casey, 19 App. Div. 219, 45 N. Y. Supp. 877. [Signature.] 28 Id., 1570; Jordan v. Van Epps, 19 Hun, 526. 29 N. Y. Code Civ. Pro., § 1533, superseding the rule in Scheu v. Lehning, 31 Hun, 183. 30 If consent, such as in Form 2015 is not added, a share of the principal will be invested and income for life paid to the life-tenant. FORM No. 2015. Consent of widow, or other tenant for life or years, to accept gross sum in case of sale,31 [Title of court and action.] - I, the undersigned, M. N., hereby consent to accept, in full satisfaction and discharge of my right [of dower-or, my right as tenant for the life of or, as owner of a term of years] in the [in the individual share of Y. Z. in the] real property described in the complaint, a gross sum, the amount of which shall be ascertained pursuant to law. [Date.] [Acknowledgment as in Form 822.] FORM No. 2016. [Signature.] Release by married woman of inchoate right of dower. [Title, authentication and acknowledgment as in last Form.] I, the undersigned, D. B., defendant above named, and wife of the defendant Y. B., hereby, pursuant to section 1571 of the Code of Civil Procedure, release to my said husband, Y. B., my inchoate right of dower in the property directed to be sold by the interlocutory judgment herein, entered the day of 19, and request that the share of the proceeds arising from the sale of my contingent interest be paid to him. Report of sale. FORM No. 2017. [See Chapter XVI.] FORM No. 2018. Final judgment after sale. [Title of the cause; and recital of the proceedings according to the circumstances of the case (see Forms 1758, 1980; including recital of report of sale verified and filed, and notice of application for final judgment given to all parties entitled.] IT IS ORDERED, ADJUDGED AND DECREED, as follows: 1. That said report and sale be, and the same hereby are in all respects confirmed, and that the said sale be firm and effectual forever. 31 File with report of sale, or previously (N. Y. Code Civ. Pro., § 1569), and deliver certified copy to referee; and for greater caution may serve copy with notice of filing upon each adverse party who has appeared, or who thereafter, and up to the time of filing report of sale appears. 2. That said referee [or, sheriff] execute and deliver the proper conveyances pursuant to the sale [and take the proper securities pursuant to the sale upon the terms reported, and deliver such securities to ]. 3. That out of the proceeds of the sale he pay the expenses of the sale as provided by § 1676 of the Code of Civil Procedure, including his fees and disbursements; that he deduct from the proceeds of sale the plaintiff's costs as taxed, amounting to dollars, and an extra allowance of dollars hereby awarded, and pay the same to the plaintiff's attorney; [continue as to other costs and allowances awarded.]32 4. That he pay to or into court for his use [here award payment to parties entitled to receive proceeds.]33 5. That he pay to G. F., the general guardian of W. V., an infant, to the use of said infant, one part of the said residue [or, the sum of- etc.] And the said general guardian is hereby directed to invest the said moneys on bond and mortgage, in the name of such infant [or, general guardian], upon unincumbered [improved] real estate in of at least double the value of the moneys so invested. 6. That he pay into court according to law the sum of for the benefit of [etc., here direct as to shares to be paid into court,34 etc.; see Interlocutory Decree, Forms 1999-2013; with any further directions awarded as to securities]. 7. That the purchaser [naming him] be let into possession of said premises, and that each party or other person upon whom this judgment is binding, who may be in possession of the premises purchased or any part thereof, is hereby directed to deliver possession of the same to said purchaser on production of the referee's [or, sheriff's] deed. 8. That the said referee [or, sheriff] take receipts for all moneys which he shall pay under and in pursuance of this decree, and file the same with his report of the proceedings subsequent to the confirmation of his report of sale, and that he bring into this court according to law and the course and practice of this court all the proceeds of the said sales of the lands and premises above mentioned, which shall not be retained or paid out by him as hereinabove directed, together with the bond or bonds and mortgage or mortgages which shall be taken by him as herein above directed, to be invested or disposed of in pursuance of the rules of this court, or otherwise as this court may order and direct. 9. That the said referee [or, sheriff] report his proceedings to this court. FORM No. 2019. Order confirming report of distribution. [Title of action.] At a Special Term [etc., as in Upon the report of R. F., referee duly appointed by the interlocutory judgment of this court entered herein the 19 which said report was filed on the day of day of day of 19 and by which report it appears that the said referee has executed, acknowledged and delivered to J. K., the purchaser of the premises sold by the said referee, a deed thereof, and that he has distributed the proceeds of the sale of the said premises in the matter directed by the final judgment entered herein on the 19 and that the said referee has annexed to his report the receipts of the several persons to whom the said proceeds were required to be paid; Now, on reading and filing the notice of motion, dated the day of 19 and proof of due service thereof upon all the defendants who have appeared in this action, and on motion of A. T., attorney for the plaintiff, it is ORDERED, that the said report be, and the same is hereby in all respects approved and confirmed. Enter: [signature of judge by initials of name and title.] SECTION VI. PROCEEDINGS PECULIAR TO ACTIONS TO REDEEM. FORMS. 2020. Judgment allowing plaintiff to 2022. Final order dismissing action redeem. 2021. Affidavit by mortgagee of non for redemption. payment of money. FORM No. 2020. Judgment allowing plaintiff to redeem, [After recitals:] IT IS ORDERED AND ADJUDGED, that the plain tiff pay to the defendant Y. Z. dollars, the amount as afore |