SCPA 1921 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1920 Disposition of surplus in action to enforce mortgage or other lien 1 up ARTICLE 19 Disposition of Real Property next SECTION 1922 Conclusive presumption after 10 years Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email 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.