2018 New York Laws
EPT - Estates, Powers and Trusts
Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities
Part 1 - Fiduciaries: Powers, Duties and Limitations
11-1.4 - Validity of Execution of Power to Sell, Mortgage or Lease Real Property by Less Than All Qualifying Executors
§ 11-1.4 Validity of execution of power to sell, mortgage or lease realproperty by less than all qualifying executors
Any deed, mortgage or lease duly executed by one or more, but not all, of the executors or trustees who qualified conveys the full title and interest of the testator, and is as effective as if all the executors or trustees who qualified had joined in the execution thereof, when ten years have elapsed since the recording of such deed, mortgage or lease in the county where the property affected is situated; saving, however, the rights of every grantee, mortgagee or lessee, in good faith and for a valuable consideration, deriving title under an instrument executed by all the executors or trustees who qualified to the same property or any part thereof, whose deed, mortgage or lease is duly recorded before such period of ten years has elapsed.
