Section 1507. Authority to mortgage, sell, lease or exchange 1  


Latest version.
  • In  any  case  in  which  the  power to mortgage, sell, lease or
      exchange real property does not  exist  under  the  provisions  of  EPTL
      11-1.1  or  for other reasons it is for the best interests of the trust,
      the court of the county having jurisdiction of the  trust  may  on  such
      terms  and conditions as seem just and proper authorize any testamentary
      trustee to mortgage, sell, lease or exchange real property or  any  part
      thereof belonging to the trust.
        2.    If  the  application  be  entertained process shall issue to all
      persons interested in the trust to show cause why the  relief  requested
      in the petition should not be granted.
        3.    On  the  return  of  process  the court shall make such order as
      justice requires.  Such order and the mortgage, sale, lease or  exchange
      executed  in conformity therewith shall be binding and conclusive on the
      remainders and reversions as well  as  the  immediate  or  future  trust
      interests  in the real property and shall be valid and effectual against
      all persons under disability as defined in this act and persons  not  in
      being,  having estates or interests vested or contingent, for life or in
      trust or in reversion or remainder in  such  real  property  or  in  the
      proceeds  of  the  sale thereof and shall bind and be conclusive against
      all other persons so interested or having such estates or interests  who
      shall  by acknowledged instrument consent to such order or who have been
      made parties to the proceeding.