equitable conversion doctrine (Iowa) · Go Syfert
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equitable conversion doctrine in Iowa

15 Iowa opinions name it 2 courts 1908–2024 1 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Wollgast v. Henninggreen
iowa · 1907 · cited in 2 Iowa opinions naming this issue, 1953–1970
2 sentences

1970See Briley v. Madrid Improvement Co., 255 Iowa 388, 394 , 122 N.W.2d 824 ; In re Estate of Baker, 247 Iowa 1380, 1388 , 78 N.W.2d 863 ; In re Estate of Bernhard, 134 Iowa 603, 606-607 , 112 N.W. 86 ; 3 American Law of Property, (Casner ed.), § 14.13 at 611; cf. The Code 1966, Section 633.385(1).

1953"Under the doctrine of equitable conversion, nothing is better established than the equitable principle that land directed to be sold and turned into money is to be considered as that species of property into which it is directed to be converted and this is especially so where the direction is made in a will." In re Estate of Jackson, 217 Iowa 1046, 1050, 1051 , 252 N.W. 775, 777 , supra. "Where a testator in his will directs a sale of real estate, the property is thereby converted from realty to personalty, and, whenever the sale takes place, the proceeds arising therefrom are to be distribut

12
Construx of Illinois, Inc. v. Kaisermangreen
illappct · 2003 · cited in 1 Iowa opinions naming this issue, 2024–2024
1 sentence

2024Applying the equitable-conversion doctrine here carried out the 11 intent of the testators and did not circumvent public policy.12 See Construx of Ill., Inc. v. Kaiserman, 800 N.E.2d 1267, 1275 (Ill.

11
Larson v. Metcalfgreen
iowa · 1926 · cited in 1 Iowa opinions naming this issue, 1996–1996
2 sentences

1996See Larson v. Metcalf, 201 Iowa 1208, 1210-11 , 207 N.W. 382, 383 (1926).

1996See Larson v. Metcalf, 201 Iowa 1208, 1210-11 , 207 N.W. 382, 383 (1926).

11
Ambrose v. Harrison Mutual Insurance Associationgreen
iowa · 1973 · cited in 1 Iowa opinions naming this issue, 1976–1976
1 sentence

1976As stated in Ambrose v. Harrison Mutual Insurance Association, 206 N.W.2d 683, 685 (Iowa 1973): “[B]oth vendor and vendee under a contract of sale by which the equitable title passes to vendee have an insurable interest in the property.

11
Briley v. Madrid Improvement Companygreen
iowa · 1963 · cited in 1 Iowa opinions naming this issue, 1970–1970
2 sentences

1970See Briley v. Madrid Improvement Co., 255 Iowa 388, 394 , 122 N.W.2d 824 ; In re Estate of Baker, 247 Iowa 1380, 1388 , 78 N.W.2d 863 ; In re Estate of Bernhard, 134 Iowa 603, 606-607 , 112 N.W. 86 ; 3 American Law of Property, (Casner ed.), § 14.13 at 611; cf. The Code 1966, Section 633.385(1).

1970See Briley v. Madrid Improvement Co., 255 Iowa 388, 394 , 122 N.W.2d 824 ; In re Estate of Baker, 247 Iowa 1380, 1388 , 78 N.W.2d 863 ; In re Estate of Bernhard, 134 Iowa 603, 606-607 , 112 N.W. 86 ; 3 American Law of Property, (Casner ed.), § 14.13 at 611; cf. The Code 1966, Section 633.385(1).

11
Martin v. Fidelity & Deposit Co.green
iowa · 1934 · cited in 1 Iowa opinions naming this issue, 1953–1953
2 sentences

1953“Under the doctrine of equitable conversion, nothing is better established than the equitable principle that land directed to be sold and turned into money is to be considered as that species of property into'which it is directed to be converted, and this is especially so where the direction is made in a will.” In re Estate of Jackson, supra, 217 Iowa 1046, 1050, 1051 .

1953"Under the doctrine of equitable conversion, nothing is better established than the equitable principle that land directed to be sold and turned into money is to be considered as that species of property into which it is directed to be converted and this is especially so where the direction is made in a will." In re Estate of Jackson, 217 Iowa 1046, 1050, 1051 , 252 N.W. 775, 777 , supra. "Where a testator in his will directs a sale of real estate, the property is thereby converted from realty to personalty, and, whenever the sale takes place, the proceeds arising therefrom are to be distribut

11
Brain v. Deangreen
iowa · 1913 · cited in 1 Iowa opinions naming this issue, 1932–1932
1 sentence

1932See Blain v. Dean, 160 Iowa 708 .

11
Gould v. Taylor Orphan Asylumgreen
wis · 1879 · cited in 1 Iowa opinions naming this issue, 1912–1912
1 sentence

1912See, as supporting this view, Gould v. Asylum, 46 Wis. 106 ( 50 N. W. 422 ); Dodge v. Williams, 46 Wis. 70 ( 1 N. W. 92 , 50 N. W. 1103 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
Inghram v. Chandler green
iowa · 1917
1 sentence

2024The “real purpose” of the equitable-conversion doctrine “is to give effect to the manifest intent of a testator.” See Ingraham v. Chandler, 161 N.W. 434 , 435 (Iowa 1917).

12024–2024
Pierce v. Farm Bureau Mutual Insurance Co. green
iowa · 1996
1 sentence

1998We recently reviewed this doctrine of equitable conversion, applicable to executory real estate contracts, in Pierce v. Farm Bureau Mutual Insurance Co., 548 N.W.2d 551 (Iowa 1996).

11998–1998
In Re Baker's Estate green
iowa · 1956
2 sentences

1970See Briley v. Madrid Improvement Co., 255 Iowa 388, 394 , 122 N.W.2d 824 ; In re Estate of Baker, 247 Iowa 1380, 1388 , 78 N.W.2d 863 ; In re Estate of Bernhard, 134 Iowa 603, 606-607 , 112 N.W. 86 ; 3 American Law of Property, (Casner ed.), § 14.13 at 611; cf. The Code 1966, Section 633.385(1).

1970See Briley v. Madrid Improvement Co., 255 Iowa 388, 394 , 122 N.W.2d 824 ; In re Estate of Baker, 247 Iowa 1380, 1388 , 78 N.W.2d 863 ; In re Estate of Bernhard, 134 Iowa 603, 606-607 , 112 N.W. 86 ; 3 American Law of Property, (Casner ed.), § 14.13 at 611; cf. The Code 1966, Section 633.385(1).

11970–1970
In re the Estate of Miller green
iowa · 1909
2 sentences

1942A. 19171), 713, we said, in discussing the doctrine of equitable conversion: 1 ‘ ® * ° Its real purpose is to give effect to the manifest intent of a testator or vendor, and to treat that as done which by will the testator has directed to he done, or that which, by previous contract with another, both have mutually bound themselves to do. * * * Taking the typical case of equitable conversion by contract, as above stated, we are fully committed to the doctrine that such a contract works an equitable conversion ; that, in case of the death of the vendor, Ms interest in the contract would pass as

1942A. 19171), 713, we said, in discussing the doctrine of equitable conversion: 1 ‘ ® * ° Its real purpose is to give effect to the manifest intent of a testator or vendor, and to treat that as done which by will the testator has directed to he done, or that which, by previous contract with another, both have mutually bound themselves to do. * * * Taking the typical case of equitable conversion by contract, as above stated, we are fully committed to the doctrine that such a contract works an equitable conversion ; that, in case of the death of the vendor, Ms interest in the contract would pass as

11942–1942
In Re Estate of Sheeler green
iowa · 1939
2 sentences

1940The question of conversion is one of intention, and the question is, Is it the testator’s intent to have his real estate converted into personalty immediately upon his death?” ’ ” Later in the case (In re Estate of Sanford) we said, page 838 of 188 Iowa, page 508 of 175 N. W.: “If, on the other hand, such absolute, imperative necessity existed, then the intention of the testator to work an equitable conversion of the real estate will be implied.” (Citing our former holdings and the general rule from other states.) A more recent case discussing the general provisions of the doctrine of equitabl

1940The question of conversion is one of intention, and the question is, Is it the testator’s intent to have his real estate converted into personalty immediately upon his death?” ’ ” Later in the case (In re Estate of Sanford) we said, page 838 of 188 Iowa, page 508 of 175 N. W.: “If, on the other hand, such absolute, imperative necessity existed, then the intention of the testator to work an equitable conversion of the real estate will be implied.” (Citing our former holdings and the general rule from other states.) A more recent case discussing the general provisions of the doctrine of equitabl

11940–1940
Grady v. Grady neutral
iowa · 1936
2 sentences

1940The question of conversion is one of intention, and the question is, Is it the testator’s intent to have his real estate converted into personalty immediately upon his death?” ’ ” Later in the case (In re Estate of Sanford) we said, page 838 of 188 Iowa, page 508 of 175 N. W.: “If, on the other hand, such absolute, imperative necessity existed, then the intention of the testator to work an equitable conversion of the real estate will be implied.” (Citing our former holdings and the general rule from other states.) A more recent case discussing the general provisions of the doctrine of equitabl

1940The question of conversion is one of intention, and the question is, Is it the testator’s intent to have his real estate converted into personalty immediately upon his death?” ’ ” Later in the case (In re Estate of Sanford) we said, page 838 of 188 Iowa, page 508 of 175 N. W.: “If, on the other hand, such absolute, imperative necessity existed, then the intention of the testator to work an equitable conversion of the real estate will be implied.” (Citing our former holdings and the general rule from other states.) A more recent case discussing the general provisions of the doctrine of equitabl

11940–1940
Haas v. Holman neutral
or · 1933
2 sentences

1939The language of the Oregon court (In re Leonard’s Estate, *1265 143 Or. 141 , 21 P. 2d 795 -799) on this proposition accurately states our views.

1939The language of the Oregon court (In re Leonard’s Estate, *1265 143 Or. 141 , 21 P. 2d 795 -799) on this proposition accurately states our views.

11939–1939
Shillinglaw v. Peterson green
iowa · 1918
2 sentences

1936But it was the conclusion of the court that “It was quite generally held that there need be no devise in terms to testator’s executors, or to trustees in order that the doctrine of equitable conversion may apply. [Citing cases.] And the fact that the sale is postponed to a time subsequent to the death of the testator is not controlling. ” The rule stated in the Beaver case is cited in Shillinglaw v. Peterson, 184 Iowa 276 , 167 N. W. 709 .

1936But it was the conclusion of the court that “It was quite generally held that there need be no devise in terms to testator’s executors, or to trustees in order that the doctrine of equitable conversion may apply. [Citing cases.] And the fact that the sale is postponed to a time subsequent to the death of the testator is not controlling. ” The rule stated in the Beaver case is cited in Shillinglaw v. Peterson, 184 Iowa 276 , 167 N. W. 709 .

11936–1936
Wilkerson v. Long green
iowa · 1920
1 sentence

1936In In re Mount’s Est., 189 Iowa 279, 283 , 178 N. W. 391 , 393, it is said : “An imperative and absolute direction in a will that land be sold, and the proceeds thereof distributed, works an equitable conversion of the land into personalty, as of the date of the death of the testator.

11936–1936
Findley v. Findley green
wva · 1896
2 sentences

1934Va. 372 , 26 S. E. 433 ; Clifton v. Owens, 170 N. C. 607 , 87 S. E. 502 ; Yerkes v. Yerkes, 200 Pa. 419 , 50 A. 186 ; Buschbaum v. Hale (Ind. App.) 182 N. E. 93 ; Appeal of Wentz, 126 Pa. 541 , 17 A. 875 .

1934Thus, the proposition to be decided in nowise involves the doctrine of equitable conversion, as a careful examination of the’ following cases will disclose: Bolton v. Myers, 146 N. Y. 257 , 40 N. E. 737 ; Hottal v. Ekart, 86 S. C. 341, 68 S. E. 576 ; Findley v. Findley, 42 W.

11934–1934
Buschbaum v. Hale, Exr. neutral
indctapp · 1932
1 sentence

1934Va. 372 , 26 S. E. 433 ; Clifton v. Owens, 170 N. C. 607 , 87 S. E. 502 ; Yerkes v. Yerkes, 200 Pa. 419 , 50 A. 186 ; Buschbaum v. Hale (Ind. App.) 182 N. E. 93 ; Appeal of Wentz, 126 Pa. 541 , 17 A. 875 .

11934–1934
Hottal v. Ekart neutral
sc · 1910
1 sentence

1934Thus, the proposition to be decided in nowise involves the doctrine of equitable conversion, as a careful examination of the’ following cases will disclose: Bolton v. Myers, 146 N. Y. 257 , 40 N. E. 737 ; Hottal v. Ekart, 86 S. C. 341, 68 S. E. 576 ; Findley v. Findley, 42 W.

11934–1934
Appeal of Wentz green
pa · 1889
2 sentences

1934Va. 372 , 26 S. E. 433 ; Clifton v. Owens, 170 N. C. 607 , 87 S. E. 502 ; Yerkes v. Yerkes, 200 Pa. 419 , 50 A. 186 ; Buschbaum v. Hale (Ind. App.) 182 N. E. 93 ; Appeal of Wentz, 126 Pa. 541 , 17 A. 875 .

1934Va. 372 , 26 S. E. 433 ; Clifton v. Owens, 170 N. C. 607 , 87 S. E. 502 ; Yerkes v. Yerkes, 200 Pa. 419 , 50 A. 186 ; Buschbaum v. Hale (Ind. App.) 182 N. E. 93 ; Appeal of Wentz, 126 Pa. 541 , 17 A. 875 .

11934–1934
Yerkes v. Yerkes neutral
pa · 1901
2 sentences

1934Va. 372 , 26 S. E. 433 ; Clifton v. Owens, 170 N. C. 607 , 87 S. E. 502 ; Yerkes v. Yerkes, 200 Pa. 419 , 50 A. 186 ; Buschbaum v. Hale (Ind. App.) 182 N. E. 93 ; Appeal of Wentz, 126 Pa. 541 , 17 A. 875 .

1934Va. 372 , 26 S. E. 433 ; Clifton v. Owens, 170 N. C. 607 , 87 S. E. 502 ; Yerkes v. Yerkes, 200 Pa. 419 , 50 A. 186 ; Buschbaum v. Hale (Ind. App.) 182 N. E. 93 ; Appeal of Wentz, 126 Pa. 541 , 17 A. 875 .

11934–1934
In Re the Accounting of the Executors of Bolton neutral
ny · 1895
2 sentences

1934Thus, the proposition to be decided in nowise involves the doctrine of equitable conversion, as a careful examination of the’ following cases will disclose: Bolton v. Myers, 146 N. Y. 257 , 40 N. E. 737 ; Hottal v. Ekart, 86 S. C. 341, 68 S. E. 576 ; Findley v. Findley, 42 W.

1934Thus, the proposition to be decided in nowise involves the doctrine of equitable conversion, as a careful examination of the’ following cases will disclose: Bolton v. Myers, 146 N. Y. 257 , 40 N. E. 737 ; Hottal v. Ekart, 86 S. C. 341, 68 S. E. 576 ; Findley v. Findley, 42 W.

11934–1934
Clifton v. Owens green
nc · 1916
2 sentences

1934Va. 372 , 26 S. E. 433 ; Clifton v. Owens, 170 N. C. 607 , 87 S. E. 502 ; Yerkes v. Yerkes, 200 Pa. 419 , 50 A. 186 ; Buschbaum v. Hale (Ind. App.) 182 N. E. 93 ; Appeal of Wentz, 126 Pa. 541 , 17 A. 875 .

1934Va. 372 , 26 S. E. 433 ; Clifton v. Owens, 170 N. C. 607 , 87 S. E. 502 ; Yerkes v. Yerkes, 200 Pa. 419 , 50 A. 186 ; Buschbaum v. Hale (Ind. App.) 182 N. E. 93 ; Appeal of Wentz, 126 Pa. 541 , 17 A. 875 .

11934–1934
Norris v. Loyd green
iowa · 1918
1 sentence

1921Norris v. Loyd, 183 Iowa 1056 .

11921–1921
Dodge v. Williams green
wis · 1879
1 sentence

1912See, as supporting this view, Gould v. Asylum, 46 Wis. 106 ( 50 N. W. 422 ); Dodge v. Williams, 46 Wis. 70 ( 1 N. W. 92 , 50 N. W. 1103 ).

11912–1912
Ebey v. Adams green
ill · 1890
1 sentence

1908Ebey v. Adams, 135 Ill. 80 ( 25 N. E. 1013 , 10 L.

11908–1908

Where else courts name it

IL 39 (1903–2026) NY 27 (1865–2012) CT 23 (1910–2018) MD 20 (1935–2025) OR 20 (1924–2023) CA 16 (1888–2015) PA 16 (1908–2022) IA 15 (1908–2024) WI 13 (1894–2005) FL 10 (1940–2008) NM 10 (1956–2014) MT 10 (1932–1995) OH 10 (1909–2020) NJ 10 (1930–2007) VA 8 (1926–2012) MI 7 (1933–2023) WY 5 (1970–2021) DC 5 (2006–2015) UT 5 (1987–2017) MN 4 (1913–2003) MO 4 (1913–1978) MA 4 (1925–2001) IN 4 (1932–1990) TN 4 (1996–2013) KS 3 (1939–1953) WV 3 (1982–2007) ND 3 (1992–2000) AL 3 (1922–2023) OK 3 (1992–2019) TX 3 (1980–2015) GA 3 (1980–2011) NC 3 (1952–2022) KY 2 (1937–1946) WA 2 (1977–1983) NE 2 (2005–2022) RI 2 (1947–2005) CO 2 (1986–2001) AZ 2 (1966–1993) ID 2 (1993–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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