In re the Estate of Pavelka

Wingate, S.

Counsel for the widow confuses the two lines of cases respecting equitable conversion. The first comprises those in which there is an absolute, unequivocal, valid direction to sell. Under such circumstances an equitable conversion is invariably effected. (Matter of Taft, 144 Misc. 896, 899; Matter of Goldman, 142 id. 790, 792; Matter of Harris, 138 id. 287, 288; Matter of Gargiulo, Id. 90, 98.) The second class of cases includes those in which either no express power of sale is given or where such power is merely discretionary. Here equitable conversion will result only if…