§ 1917 — Effect of conveyance of decedent's interest under contract 1

New York § 1917

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

Text

§ 1917. Effect of conveyance of decedent's interest under contract\n 1. A conveyance of the decedent's interest in all the real property\nheld by him under a contract for the purchase thereof operates as an\nassignment of the contract to the purchaser and vests in him, his\ndistributees and assigns, all the right, title and interest of all the\npersons entitled at the time of the sale in and to the decedent's\ninterest in the real property.\n 2. A conveyance of the decedent's interest in a part only of the real\nproperty held under such a contract transfers to the purchaser, his\ndistributees and assigns all the decedent's right, title and interest in\nand to the part so sold.\n 3. Upon fully complying with the contract the purchaser, his\ndistributees or assigns has the same right to enforce performance\nthereof with respect to the part conveyed to him and the fiduciary or\nhis assignee has the same right to enforce performance with respect to\nthe residue as the decedent would have had if he were living.\n 4. Any title acquired by the fiduciary, or his assignee, with respect\nto the part not sold must be held in trust for the use of the persons\nentitled to the decedent's interest, subject to the dower or curtesy, if\nany, of the spouse.\n