Probate Practice and Procedure

Dower and Curtesy

SECTION 33-25-5

§ 33-25-5. Payment of value of life estate in lieu thereof.

In any case where real estate shall be ordered sold by any court, except where otherwise specifically provided, or real estate is taken under authority of law, and it shall appear that a surviving husband or wife is or may be entitled under this chapter to a life estate in the property, the court having jurisdiction of the proceedings may, in its discretion, upon the petition of the surviving husband or wife as the case may be, and after notice, determine the present value of the life estate and order it to be paid to him or her in lieu of the life estate out of the proceeds of the sale or taking.

History of Section.
(P.L. 1978, ch. 26, § 1.)