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Remedies Keyed to Kovacic-Fleischer, 8th
Coe v. Hays
Citation:
328 Md. 350, 614 A.2d 576 (1992)Facts
In 1979, Gail A. Lewis executed a will leaving all personal property and a life estate in certain real property to Fannie C. Hays, with the residue of his estate to his children. More than eight years later, Lewis entered into a contract to sell the real property for one hundred thousand dollars, with settlement scheduled for June 1, 1988. Due to a title problem requiring a complete survey, the parties executed an addendum extending the contract until good and marketable title could be transferred. Lewis died on June 19, 1988, before settlement occurred. Ms. Hays, as personal representative, settled the sale on November 16, 1988, and distributed the proceeds to herself as personalty under the doctrine of equitable conversion. The children filed exceptions, claiming the proceeds should be treated as realty passing under the residuary clause.
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