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N.Y. SCP Law § 1908

This is the official text of N.Y. SCP Law § 1908, part of New York’s SCP Law — part of the compiled statutory law of New York, published by the state as "SCP Law." Browse the sections below, each linked to its official government source.

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Order in which parcels shall be sold If the sale of real property is necessary for the purposes set forth in 1902, subdivisions 1, 2, 3 o...

Official statutory text

§ 1908. Order in which parcels shall be sold\n If the sale of real property is necessary for the purposes set forth\nin 1902, subdivisions 1, 2, 3 or 4 and the decedent dies seized of more\nthan one distinct parcel, the following rules must be observed in\ndetermining the order of sale:\n 1. Property of which the decedent died intestate shall be sold before\nproperty which the decedent devised.\n 2. Property of which the decedent died intestate and which has not\nbeen conveyed by the distributees shall be sold before property which\nhas been conveyed by them.\n 3. Property devised by the residuary clause in the will shall be sold\nbefore property which has been specifically devised.\n 4. When two or more parcels have been devised to the same person or\ngroup of persons, parcels which have not been conveyed by the devisees\nshall be sold before property which has been conveyed by them.\n 5. When one parcel has been devised to one person or group and another\nparcel has been devised to another person or group both parcels shall be\nequally subject to sale notwithstanding that one parcel may have been\nconveyed.\n

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.