SCPA 1917 addresses the effect of a fiduciary's conveyance of a decedent's interest in real property that the decedent had already contracted to sell.
Statutory Text
§ 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.
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