In re the Estate of Call

Leon Sohwerzmann, Jr., J.

The question here presented arises rather frequently. The decedent entered into a contract to sell certain real property which she had specifically devised in a previously executed will. While the contract was still in an executory state, and before the contract purchasers were by its terms obliged to complete payment thereunder, the decedent died. Does the specific devisee succeed to the decedent’s interest under the contract?

EPTL 3-4.2 (formerly Decedent Estate Law, § 37) makes it clear that he does. It expressly provides that: ‘ ‘ An agreement made by a testator to…