Boe v. Rose

MARING, Justice.

[¶ 1] Robert Wayne Rose (Rose), personal representative of the Estate of Hilda Kangas, appealed from a summary judgment awarding Tracy Boe specific performance of a real estate purchase contract. We conclude there is a material issue of fact whether Boe was a good faith purchaser under N.D.C.C. § 30.1-18-14, and we reverse and remand for a trial on that issue.

[¶ 2] Hilda Kangas died testate January 8, 1994. Her will devised all of her real estate, including four quarters of farmland in Ro-lette County, to her sister, Johanna Rose, for life and the remainder jointly to Robert *835Wa…