New York § 1908 Order in which parcels shall be sold If the sale of real property is necessary for the purposes set forth in 1902, subdivisions 1, 2, 3 o...

New York Statutes

§ 1908 — Order in which parcels shall be sold If the sale of real property is necessary for the purposes set forth in 1902, subdivisions 1, 2, 3 o...

New York § 1908

Law SCPSurrogate's Court Procedure

Art. 19Disposition of Real Property

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Bluebook

N.Y. Surrogate's Court Procedure § 1908 (2026).

Text

§ 1908. Order in which parcels shall be sold\n  If the sale of real property is necessary for the purposes set forth\nin 1902, subdivisions 1, 2, 3 or 4 and the decedent dies seized of more\nthan one distinct parcel, the following rules must be observed in\ndetermining the order of sale:\n  1. Property of which the decedent died intestate shall be sold before\nproperty which the decedent devised.\n  2. Property of which the decedent died intestate and which has not\nbeen conveyed by the distributees shall be sold before property which\nhas been conveyed by them.\n  3. Property devised by the residuary clause in the will shall be sold\nbefore property which has been specifically devised.\n  4. When two or more parcels have been devised to the same person or\ngroup of persons, parcels which 

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§ 1908. Order in which parcels shall be sold\n If the sale of real property is necessary for the purposes set forth\nin 1902, subdivisions 1, 2, 3 or 4 and the decedent dies seized of more\nthan one distinct parcel, the following rules must be observed in\ndetermining the order of sale:\n 1. Property of which the decedent died intestate shall be sold before\nproperty which the decedent devised.\n 2. Property of which the decedent died intestate and which has not\nbeen conveyed by the distributees shall be sold before property which\nhas been conveyed by them.\n 3. Property devised by the residuary clause in the will shall be sold\nbefore property which has been specifically devised.\n 4. When two or more parcels have been devised to the same person or\ngroup of persons, parcels which have not been conveyed by the devisees\nshall be sold before property which has been conveyed by them.\n 5. When one parcel has been devised to one person or group and another\nparcel has been devised to another person or group both parcels shall be\nequally subject to sale notwithstanding that one parcel may have been\nconveyed.\n