Keep v. Miller
New Jersey Court of Chancery
A contract for the sale of lands, which equity would have enforced at the suit of the vendor, creates an equitable conversion of the premises from the time of its execution, so that the widow of the vendor (the latter died intestate shortly after the contract was made) is entitled to her share of the proceeds as personal property, as against the next of kin and heir-at-law of her husband, although the court has refused to compel the vendees to carry out the contract because…
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A contract for the sale of lands, which equity would have enforced at the suit of the vendor, creates an equitable conversion of the premises from the time of its execution, so that the widow of the vendor (the latter died intestate shortly after the contract was made) is entitled to her share of the proceeds as personal property, as against the next of kin and heir-at-law of her husband, although the court has refused to compel the vendees to carry out the contract because of such heir’s laches, whereby its execution had become inequitable, there being no fault on the part of the widow. Bill…
1Opinion of the Court
The CHANCELLOR.
The bill states that John B. Miller, deceased, late of Madison, in the county of Morris, made and entered into a valid contract, in writing, with Jehiel K. Hoyt, upon the 25th of April, 1872, for the sale and conveyance by him to the latter, or to such company or individuals as might be named by said Hoyt, of certain land therein mentioned, for the price of $800 an acre and that on or about the 10th of June following, he made another like agreement, in writing, with Hoyt, for the conveyance to him, his heirs and assigns, or to such person or persons as he might designate, of…
2Cases cited12 opinions
- Herbert & Others v. WREN & OTHERSSupreme Court of the United States · 1813
- Wood v. WoodNew York Court of Chancery · 1836
- Adsit v. AdsitNew York Court of Chancery · 1817
- Grissom v. MooreIndiana Supreme Court · 1886
- Grady v. McCorkleSupreme Court of Missouri · 1874
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