In Re Holder
In Re Holder
Opinion of the Court
The testatrix directs her executor, as soon as practicable after her death, to sell the real estate known as the Steere Homestead, and after payment of the expenses of sale to distribute the remaining proceeds as follows : £ £ Two-fifths thereof to my cousin Mrs. Mary A. Holder (wife *49 of William A. Holder), who resides at Providence in the state of Ehode Island; the balance to be divided equally among my cousin George Stone and his wife Mary Stone who resides at said Providence, and my friend- Fannie Northup (wife of Samuel Northup) who resides at Plainville in the State of Mass.”
The direction for sale of the homestead estate operated as an equitable conversion of it into personalty, which is deemed to have been made from the time of the testatrix’s decease. King v. King, 13 R. I. 501 (500); Haszard v. Haszard, 19 R. I. 374 (318). It follows that, as Geoi'ge Stone has died since the testatrix, his share is to be treated as personalty and paid to his administrator.
Reference
- Full Case Name
- Petition of William M. Holder Et Al., for an Opinion
- Cited By
- 1 case
- Status
- Published