SCPA 1917 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1916 Provision for payment of undetermined claims and debts not yet due If any claim remains undetermined at the making of the decree or any d... up ARTICLE 19 Disposition of Real Property next SECTION 1918 Right of life tenant to be considered in disposition; distribution of moneys realized Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email 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.