§ 33-9-23. Master’s deed to convey decedent’s property to party entitled to specific performance.
When a person dies holding the legal title to property, real or personal, and an action for specific performance of contract for sale thereof would have existed as against the deceased had he or she lived, a complaint against the executor or administrator alone of the deceased may be brought by the person with whom the deceased has made the contract, setting out the facts, the pendency of which bill shall be advertised at least twice each week for three (3) successive weeks in some newspaper published in the city of Providence, which notice shall be in addition to legal notice to the executor or administrator. And on hearing the cause, if it appear that a proper case has been made out, the superior court shall decree that a conveyance shall be made by a master to be appointed for that purpose whose deed shall vest the title of the deceased in the party entitled to specific performance on payment of the purchase price, which, less the costs of the suit, including costs as between solicitor and client, shall be personal assets in the hands of the executor or administrator.
History of Section.G.L. 1896, ch. 208, § 21; C.P.A. 1905, § 1220; G.L. 1909, ch. 259, § 21; G.L. 1923, ch. 303, § 21; G.L. 1938, ch. 583, § 1; G.L. 1956, § 33-9-23.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-9 - Collection and Management of Decedents’ Estates
Section 33-9-1. - Return of inventory of estate.
Section 33-9-2. - Wearing apparel.
Section 33-9-3. - Emblements of lands.
Section 33-9-4. - Appraisal of property.
Section 33-9-5. - Debts owed by executor to decedent.
Section 33-9-6. - Marking and care of decedent’s grave.
Section 33-9-7. - Continuation of decedent’s business.
Section 33-9-8. - Redemption or sale of incumbered property.
Section 33-9-9. - Real estate mortgages as personal property.
Section 33-9-10. - Sale of mortgage and debt.
Section 33-9-11. - Taking possession of property by mortgage.
Section 33-9-12. - Possession and sale of property taken through mortgage.
Section 33-9-13. - Redemption of mortgaged property from executor or administrator.
Section 33-9-14. - Authority of executor or administrator to borrow.
Section 33-9-15. - Purposes for which borrowing authorized.
Section 33-9-16. - Effect of borrowing by executor or administrator.
Section 33-9-17. - Lender not liable for loss or misapplication.
Section 33-9-18. - Authority to lend, invest, vote, and protect investments.
Section 33-9-19. - General powers of executor or administrator unaffected.
Section 33-9-20. - Representation of contingent interests and persons non sui juris.
Section 33-9-21. - Appeals to supreme court.
Section 33-9-24. - Continuation of actions by or against decedent.
Section 33-9-25. - Substitution and execution by successor administrator.
Section 33-9-26. - Liability of executor in own wrong.
Section 33-9-27. - Personal liability of executor or administrator for debts of estate.
Section 33-9-28. - Civil action with suggestion of waste.
Section 33-9-29. - Descent or distribution of real estate to be recorded.