N.Y. Surrogate's Court Procedure Act § 1917: Effect of conveyance of decedent's interest under contract 1

§ 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.