Section 1917. Effect of conveyance of decedent's interest under contract 1  


Latest version.
  • 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.