Coe v. Hays

ROBERT M. BELL, Judge.

We granted certiorari to consider whether (1) the doctrine of equitable conversion applies to determine how to distribute the proceeds of a sale of real property when the contract of sale was executed prior to the decedent’s death, but settlement did not occur until after his death and (2) the decedent’s intentions are clearly reflected in his will. For reasons that will appear hereinafter, we need address only the first question.

I

In 1979, the decedent Gail A. Lewis (“Lewis”) executed his Last Will and Testament. It provided, in pertinent part:

SECOND: Unto Fannie C.…