RPAPL 1104 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1103 Service of petition and notice up ARTICLE 11 Proceeding to Discover the Death of a Tenant For Life next SECTION 1105 Service of order; powers of court or referee Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1104 Proceedings upon presentation of petition Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 11 § 1104. Proceedings upon presentation of petition. Upon the presentation of the petition and affidavit, with due proof, by affidavit, of service of a copy thereof, and of the notice, if sufficient cause to the contrary is not shown by the adverse party, the court must either issue a commission, as prescribed in the following sections of this article or make an order, directing the adverse party, at a time and place therein specified, before the court, or a referee therein designated, to produce the person upon whose life the prior estate depends, or, in default thereof, to prove that he is living.