Legislation
SECTION 1921
Conveyance of real property by fiduciary to vendee of contract of sale made by decedent 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 19
§ 1921. Conveyance of real property by fiduciary to vendee of contract
of sale made by decedent
1. Where a decedent dies seized of real property after he has made a
contract for the conveyance thereof remaining unexecuted at his death
his fiduciary or successor may make a deed reciting the contract and
conveying the real property.
2. The vendor's fiduciary, distributees, devisees or assigns may file
a petition praying for the confirmation of the conveyance, or the
vendee, his fiduciary, distributees, devisees or assigns, for a decree
that it be made or delivered, or the vendor's fiduciary may pray for
like relief in a petition for the judicial settlement of his account,
but no proceeding pursuant to this section shall be required in any case
for the sole purpose of perfecting title to real property and any such
conveyance heretofore made by a fiduciary of a decedent is ratified and
confirmed.
3. In a proceeding pursuant to this section the court shall have
jurisdiction to adjudicate the amount remaining payable under the terms
of any such contract and the respective rights of the parties.
4. In any case process shall issue to all persons interested and the
court shall make such decree or order as justice shall require.
of sale made by decedent
1. Where a decedent dies seized of real property after he has made a
contract for the conveyance thereof remaining unexecuted at his death
his fiduciary or successor may make a deed reciting the contract and
conveying the real property.
2. The vendor's fiduciary, distributees, devisees or assigns may file
a petition praying for the confirmation of the conveyance, or the
vendee, his fiduciary, distributees, devisees or assigns, for a decree
that it be made or delivered, or the vendor's fiduciary may pray for
like relief in a petition for the judicial settlement of his account,
but no proceeding pursuant to this section shall be required in any case
for the sole purpose of perfecting title to real property and any such
conveyance heretofore made by a fiduciary of a decedent is ratified and
confirmed.
3. In a proceeding pursuant to this section the court shall have
jurisdiction to adjudicate the amount remaining payable under the terms
of any such contract and the respective rights of the parties.
4. In any case process shall issue to all persons interested and the
court shall make such decree or order as justice shall require.