§ 1915 — Allowance on bid to spouse, beneficiary or creditor purchasing 1

New York § 1915

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 19: Disposition of Real Property

Text

§ 1915. Allowance on bid to spouse, beneficiary or creditor purchasing\n 1. If upon a sale a spouse, beneficiary or creditor of the decedent\nbecomes the purchaser of any of the decedent's real property the court\nmay, upon his application, direct the amount of his elective share,\nlegacy, distributive share or claim, as the case may be, to be allowed,\nin the first instance, upon the purchase price and such purchaser shall\nbe required to pay only the balance at the time of the sale.\n 2. If the proceeds of the decedent's real property shall be\ninsufficient to satisfy the cost and expenses of administration and the\ndebts and funeral expenses of the decedent, the purchasing spouse,\nbeneficiary or creditor shall be allowed and credited upon the judicial\nsettlement of the accounts of the fiduciary only the amount he may be\nentitled to receive upon his elective share, legacy, distributive share\nor claim and shall then pay the difference between the amount originally\nallowed and amount he is entitled to receive.\n 3. If any purchaser has credit on his bid as above provided no deed\nshall be delivered to him until the judicial settlement of the accounts\nof the fiduciary and not until he shall have paid the entire amount\nrequired under the provisions of this section.\n