§ 1921 — Conveyance of real property by fiduciary to vendee of contract of sale made by decedent 1

New York § 1921

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

Text

§ 1921. Conveyance of real property by fiduciary to vendee of contract\n of sale made by decedent\n 1. Where a decedent dies seized of real property after he has made a\ncontract for the conveyance thereof remaining unexecuted at his death\nhis fiduciary or successor may make a deed reciting the contract and\nconveying the real property.\n 2. The vendor's fiduciary, distributees, devisees or assigns may file\na petition praying for the confirmation of the conveyance, or the\nvendee, his fiduciary, distributees, devisees or assigns, for a decree\nthat it be made or delivered, or the vendor's fiduciary may pray for\nlike relief in a petition for the judicial settlement of his account,\nbut no proceeding pursuant to this section shall be required in any case\nfor the sole purpose of perfecting title to real property and any such\nconveyance heretofore made by a fiduciary of a decedent is ratified and\nconfirmed.\n 3. In a proceeding pursuant to this section the court shall have\njurisdiction to adjudicate the amount remaining payable under the terms\nof any such contract and the respective rights of the parties.\n 4. In any case process shall issue to all persons interested and the\ncourt shall make such decree or order as justice shall require.\n