N.Y. Surrogate's Court Procedure Act § 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...

§ 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.