Baker v. Struck

The plaintiff’s testator died,- having made a

contract for the purchase of real property, and this action has been brought for the specific performance of the‘contract. It was the duty of the executrix under this situation to make the payments under the contract, even though the benefit accrued to her individually under the will. These payments of course would be made out of the personal estate and would deplete the personal estate of that extent. Under such a contract the title remains in the vendor, in trust for the purchaser, while the equitable estate is in the vendee. At the death of the…