The Law Relating to Disposition of Decedent's Real Estate By Mortgage, Lease Or Sale for the Payment of Debts And Funeral Expenses, Under the Code of Civil Procedure of the State of New York : With Forms

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Prior Sales of Same Property.
The administrator or any creditor of the decedent may obtain a decree from the surrogate at any time within three years from the time of issuing letters of administration, for the sale of the real estate to pay debts ; and a pi'evions sale of the real estate, in partition, by the huirs-at-law, by an order of the court, does not divest the surrogate of this power to decree a sale under the statute. The lieirs take the land subject to the right of the creditors to se
...ll, which is paramount to the title of the heir.
76 Disposition of Decedent's Keal Estate Hall V. Partridge, Supreme Court, New York Special Term (1853), 10 How. 188.
Purchaser's Title Paramount to Conveyances from Heir.
The decedent's real estate, of which he died seized, remains h'able to be sold for payment (if debts in case of a deficiency of personal assets, for the term of three years, and this liability to be sold is a kind of statutory lien, running with the land dur- ing that period and attaches to the lands in the hands of a subsequent purchaser.


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