Commercial Trust Co. of N.J. v. Zunni

Complainant's testator contracted to sell certain lands to the defendant for $12,000, but at the time of his death the contract had not been performed. By his will testator devised the premises to "Mrs. William Costello," who was then, and is now, in possession and claims title. She is not a party to this suit. The legal title to the premises is in her by virtue of the provisions of the will, subject, of course, to the equitable rights of the parties to this suit. Obviously, possession cannot be delivered in accordance with the terms of the contract as Mrs. Costello refuses to vacate the…