N.Y. Surrogate's Court Procedure Act § 1921: Conveyance of real property by fiduciary to vendee of contract of sale made by decedent 1

§ 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.