Funk v. Funk

ROBERTSON, Judge.

Mae Clements Funk and Dennis Woods as the co-executors of the Estate of Cleo M. Funk, and Mae Clements Funk and Karl M. Jacobs, individually, appeal the trial court’s granting of partial summary declaratory judgment2 in favor of plaintiffs, Larry M. Funk and Peggy Odegaard. The trial court’s finding that the doctrine of equitable conversion does not apply in the present case causes the proceeds of a certain land sale contract, with a principal balance of $105,000.00, to pass under Cleo’s will to his children, the plaintiffs, instead of to Mae Clements Funk, his widow. The…