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Sec. 45a-325. (Formerly Sec. 45-257). Execution of contract of decedent for sale of real property.

      Sec. 45a-325. (Formerly Sec. 45-257). Execution of contract of decedent for sale of real property. The court of probate having jurisdiction of the settlement of the estate of any deceased person may, concurrently with courts of equity, authorize the fiduciary of the estate to convey the title of the deceased in any real property to any person entitled to it by virtue of any contract of the deceased person, or to convey the title of the deceased in any real property held or taken by him in any fiduciary capacity to his successor or to the person or persons entitled thereto.

      (1949 Rev., S. 7040; P.A. 80-476, S. 302.)

      History: P.A. 80-476 substituted "fiduciary" for "executor or administrator" and "real property" for "real estate" and deleted provision authorizing court where guardian of minor or conservator of incapable person was appointed to order the guardian or conservator to convey any interest of ward in real estate to another person; Sec. 45-257 transferred to Sec. 45a-325 in 1991.

      Annotations to former section 45-257:

      Bond for deed containing personal covenant only is binding on estate. 38 C. 86. Under this statute, court cannot determine disputed title to land. 84 C. 561. Estate of owner of real property under contract of sale becomes under equitable conversion an estate in personalty; administrator's deed valid to convey land under contract made by deceased, without bond by administrator. 109 C. 315. Probate court may authorize conveyance if there is not a substantial dispute as to the rights of the parties. 126 C. 435. Option to purchase land comes within purview of statute. 156 C. 175.

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