Under such order, if the purchase money on the contract is
not due and the claimant elects to pay the whole amount
thereof, before maturity, the executor or administrator shall
receive the same and shall thereupon execute and deliver the
deed hereinabove provided for.
A conveyance made in pursuance of such order shall be
binding on all of said persons in interest who were duly
cited in the proceeding. An order dismissing the petition
shall not prejudice the right of the claimant under said con-
tract to a civil action for specific performance nor to any
other remedy then existing at law or in equity; but the de-
livery and acceptance of a deed of conveyance executed in



§ 3801a] APPENDIX. 315

pursuance of an order granted as prescribed in this section
shall be deemed a complete fulfillment of such contract. An
order directing a conveyance under the provisions of this
section may be enforced, at the instance of the person entitled
to such conveyance, by contempt proceedings in the manner
provided for the enforcement of a decree under section
twenty-five hundred and fifty-five of this act, provided it is
shown that such person tendered performance of his part of
the contract, or was ready and able to perform when re-
quested, within a reasonable time after the order was en-
tered. Upon such a proceeding costs and disbursements may
be allowed and included in the order, payable from the estate,
in the sums specified in section twenty-five hundred and
sixty-one of this act.
Added by ch. 502 of 1908 and in effect September 1, 1908.
GENERAL INDEX.
ABATEMENT. page

does not occur on death of party 148, 150

ABSCONDING.
executor or administrator; service of citation on.... 251, 252

ACCEPTANCE.
