New York § 921 - 921Actual partition

§ 921. 921Actual partition

§ 921. Actual partition. 1. The commissioners designated by the interlocutory judgment shall forthwith proceed to make partition as directed by such judgment, unless it appears to them that partition thereof, or of a particular lot, tract or other portion thereof, cannot be made without great prejudice to the owners; in which case, they shall make a written report of that fact to the court. 2. The commissioners shall divide the property into distinct parcels and allot the several parcels to the respective parties, quality and quantity being relatively considered, according to the respective rights and interest of the parties as fixed by the interlocutory judgment. They shall designate the several parcels by suitable monuments. They may employ a surveyor, with the necessary assistants, to aid them. 3. Where a party has a right of dower in the property, or a part thereof, which has not been admeasured, or has an estate by the curtesy or for life or for years in an undivided share of the property, the commissioners may allot to that party his share without reference to the duration of the estate. They may make partition of the share so allotted to that party, among the parties who are entitled to the remainder or reversion thereof, to be enjoyed by them upon the determination of the particular estate, where, in the opinion of the commissioners, such a partition can be made without prejudice to the rights of the parties.