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This entry was published on 2014-09-22
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SECTION 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...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 19
§ 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 or 4 and the decedent dies seized of more
than one distinct parcel, the following rules must be observed in
determining the order of sale:

1. Property of which the decedent died intestate shall be sold before
property which the decedent devised.

2. Property of which the decedent died intestate and which has not
been conveyed by the distributees shall be sold before property which
has been conveyed by them.

3. Property devised by the residuary clause in the will shall be sold
before property which has been specifically devised.

4. When two or more parcels have been devised to the same person or
group of persons, parcels which have not been conveyed by the devisees
shall be sold before property which has been conveyed by them.

5. When one parcel has been devised to one person or group and another
parcel has been devised to another person or group both parcels shall be
equally subject to sale notwithstanding that one parcel may have been
conveyed.