Where an application for a grant of land, including land under water, is made by any person who dies before a grant is ordered or issued, the heirs or devisees of such person shall be entitled to such grant as if the application had been made by such heirs or devisees. Where an application for a grant of land under water is made by any person who conveys the land adjacent to the land under water applied for, before a grant is ordered or issued, the grantee of such adjacent land shall be entitled to such grant as if the application had been made by such grantee.
N.Y. Pub. Lands Law § 13