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This entry was published on 2014-09-22
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SECTION 1917
Effect of conveyance of decedent's interest under contract 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 19
§ 1917. Effect of conveyance of decedent's interest under contract

1. A conveyance of the decedent's interest in all the real property
held by him under a contract for the purchase thereof operates as an
assignment of the contract to the purchaser and vests in him, his
distributees and assigns, all the right, title and interest of all the
persons entitled at the time of the sale in and to the decedent's
interest in the real property.

2. A conveyance of the decedent's interest in a part only of the real
property held under such a contract transfers to the purchaser, his
distributees and assigns all the decedent's right, title and interest in
and to the part so sold.

3. Upon fully complying with the contract the purchaser, his
distributees or assigns has the same right to enforce performance
thereof with respect to the part conveyed to him and the fiduciary or
his assignee has the same right to enforce performance with respect to
the residue as the decedent would have had if he were living.

4. Any title acquired by the fiduciary, or his assignee, with respect
to the part not sold must be held in trust for the use of the persons
entitled to the decedent's interest, subject to the dower or curtesy, if
any, of the spouse.