In Re Estate of Jesseman

The issue presented in this case is whether the proceeds from the sale of land pursuant to a written contract signed by the vendor pass to the devisee of the real estate, or to the residuary legatees under the vendor’s will, when the vendor has died before the land has-been-c&nveyed and before the contract has become specifically enforceable by the parties. We hold that the devisee is entitled to the proceeds.

Norman L. Jesseman died on September 17, 1978. In the first clause of his will, executed on October 26, 1966, Mr. Jesseman devised and bequeathed “all of my interest in any real estate…