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Eddington v. Turner

Supreme Court of Delaware

155 A.L.R. 562 (1944)

Relevant factsFree

Thomas Turner devised a life estate in property to his sister Sallie Turner (defendant) in his will, then separately granted Eddington (plaintiff) a 60-day option to purchase a larger tract including that same parcel; Turner died before the option period expired, and Eddington exercised the option only afterward, seeking specific performance. The trial court granted specific performance and held Sallie Turner entitled to a life estate in the proportional sale proceeds, and the estate's executors appealed, arguing the entire purchase price should instead pass to the estate as personal property.

IssueFree

Whether, under Delaware law, real property subject to a purchase option is converted into personal property under the doctrine of equitable conversion if the option is not exercised during the vendor's lifetime.

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