equitable conversion doctrine in Montana

1995A more recent case, In Re Estate of Rickner (1974), 164 Mont. 51 , 518 P.2d 1160 , states: “It has long been established by this Court that a contract for the sale of real property converts the seller’s interest from an owner of real property to that of an owner of personalty, this being the doctrine of equitable conversion. ...

1995A more recent case, In Re Estate of Rickner (1974), 164 Mont. 51 , 518 P.2d 1160 , states: “It has long been established by this Court that a contract for the sale of real property converts the seller’s interest from an owner of real property to that of an owner of personalty, this being the doctrine of equitable conversion. ...

1972If the seller dies while the contract is in force and effect, his interest passes to his personal representative as personal property, and not to his heirs." The Court then quoted from 1 Pomeroyls Equity Jurisprudence, 4th Ed. B 105, pp. 117, 118, as follows: "In short, equity regards the two contracting parties as having changed positions, and the original estate of each as having been lconverted', that of the vendee from personal into real prop- erty, and that of the vendor from real into personal property." The case of State v. Kistner, 132 Mont. 437 , 318 P.2d 223 , follows the same equita

1972If the seller dies while the contract is in force and effect, his interest passes to his personal representative as personal property, and not to his heirs. ’ ’ The Court then quoted from 1 Pomeroy’s Equity Jurisprudence, 4th Ed. § 105, pp. 117, 118, as follows: “In short, equity regards the two contracting parties as having changed positions, and the original estate of each as having been ‘converted’, that of the vendee from personal into real property, and'that of the vendor from real into personal property.” The case of State v. Kistner, 132 Mont. 437 , 318 P.2d 223 , follows the same equit

1972If the seller dies while the contract is in force and effect, his interest passes to his personal representative as personal property, and not to his heirs." The Court then quoted from 1 Pomeroyls Equity Jurisprudence, 4th Ed. B 105, pp. 117, 118, as follows: "In short, equity regards the two contracting parties as having changed positions, and the original estate of each as having been lconverted', that of the vendee from personal into real prop- erty, and that of the vendor from real into personal property." The case of State v. Kistner, 132 Mont. 437 , 318 P.2d 223 , follows the same equita

1972If the seller dies while the contract is in force and effect, his interest passes to his personal representative as personal property, and not to his heirs. ’ ’ The Court then quoted from 1 Pomeroy’s Equity Jurisprudence, 4th Ed. § 105, pp. 117, 118, as follows: “In short, equity regards the two contracting parties as having changed positions, and the original estate of each as having been ‘converted’, that of the vendee from personal into real property, and'that of the vendor from real into personal property.” The case of State v. Kistner, 132 Mont. 437 , 318 P.2d 223 , follows the same equit

1995A suitable example of its operation can be seen in Kern v. Robertson (1932), 92 Mont. 283 , 12 P.2d 565 , where we stated: "The authorities are in accord that an enforceable contract for the purchase and sale of real property passes to the purchaser the equitable and beneficial ownership thereof, leaving only the naked legal title in the seller, as trustee for the purchaser, and as security for the unpaid purchase price. . . 1, A more recent case, In Re Estate of Rickner (19741, 164 Mont. 51 , 518 P.2d 1160 , states: "It has long been established by this Court that a contract for the sale of r

1995A suitable example of its operation can be seen in Kern v. Robertson (1932), 92 Mont. 283 , 12 P.2d 565 , where we stated: "The authorities are in accord that an enforceable contract for the purchase and sale of real property passes to the purchaser the equitable and beneficial ownership thereof, leaving only the naked legal title in the seller, as trustee for the purchaser, and as security for the unpaid purchase price. . . 1, A more recent case, In Re Estate of Rickner (19741, 164 Mont. 51 , 518 P.2d 1160 , states: "It has long been established by this Court that a contract for the sale of r

1932The doctrine of equitable conversion applies, and therefore her real estate should be treated as personalty. ( Darlington v. Darlington , 160 Pa. 65 , 28 A. 503 ; Hanson v. Hanson , 149 Iowa, 82 , 127 N.W. 1032 ; In re Sanford's Estate , supra; Buckner v. Carr , 302 Ill. 378 , 134 N.E. 760 ; Knight v. Gregory , 333 Ill. 643 , 165 N.E. 208 ; Grove v. Willard , 280 Ill. 247 , 117 N.E. 489 .) The Montana administrator has ample power to proceed to sell [6] without the court order; he has the same power as the executor would have had.

1932(Darlington v. Darlington, 160 Pa. 65 , 28 Atl. 503 ; Sanson v. Sanson, 149 Iowa, 82 , 127 N. W. 1032 ; In re Sanford’s Estate, supra; Buchner v. Carr, 302 Ill. 378 , 134 N. E. 760 ; Knight v. Gregory, 333 Ill. 643 , 165 N. E. 208 ; Grove v. Willard, 280 Ill. 247 , 117 N. E. 489 .) The Montana administrator has ample power to proceed to sell without the court order; he has the same power as the executor would have had.

1932The doctrine of equitable conversion applies, and therefore her real estate should be treated as personalty. ( Darlington v. Darlington , 160 Pa. 65 , 28 A. 503 ; Hanson v. Hanson , 149 Iowa, 82 , 127 N.W. 1032 ; In re Sanford's Estate , supra; Buckner v. Carr , 302 Ill. 378 , 134 N.E. 760 ; Knight v. Gregory , 333 Ill. 643 , 165 N.E. 208 ; Grove v. Willard , 280 Ill. 247 , 117 N.E. 489 .) The Montana administrator has ample power to proceed to sell [6] without the court order; he has the same power as the executor would have had.

1932The doctrine of equitable conversion applies, and therefore her real estate should be treated as personalty. ( Darlington v. Darlington , 160 Pa. 65 , 28 A. 503 ; Hanson v. Hanson , 149 Iowa, 82 , 127 N.W. 1032 ; In re Sanford's Estate , supra; Buckner v. Carr , 302 Ill. 378 , 134 N.E. 760 ; Knight v. Gregory , 333 Ill. 643 , 165 N.E. 208 ; Grove v. Willard , 280 Ill. 247 , 117 N.E. 489 .) The Montana administrator has ample power to proceed to sell [6] without the court order; he has the same power as the executor would have had.

1932The doctrine of equitable conversion applies, and therefore her real estate should be treated as personalty. ( Darlington v. Darlington , 160 Pa. 65 , 28 A. 503 ; Hanson v. Hanson , 149 Iowa, 82 , 127 N.W. 1032 ; In re Sanford's Estate , supra; Buckner v. Carr , 302 Ill. 378 , 134 N.E. 760 ; Knight v. Gregory , 333 Ill. 643 , 165 N.E. 208 ; Grove v. Willard , 280 Ill. 247 , 117 N.E. 489 .) The Montana administrator has ample power to proceed to sell [6] without the court order; he has the same power as the executor would have had.

1932The doctrine of equitable conversion applies, and therefore her real estate should be treated as personalty. ( Darlington v. Darlington , 160 Pa. 65 , 28 A. 503 ; Hanson v. Hanson , 149 Iowa, 82 , 127 N.W. 1032 ; In re Sanford's Estate , supra; Buckner v. Carr , 302 Ill. 378 , 134 N.E. 760 ; Knight v. Gregory , 333 Ill. 643 , 165 N.E. 208 ; Grove v. Willard , 280 Ill. 247 , 117 N.E. 489 .) The Montana administrator has ample power to proceed to sell [6] without the court order; he has the same power as the executor would have had.

1932The doctrine of equitable conversion applies, and therefore her real estate should be treated as personalty. ( Darlington v. Darlington , 160 Pa. 65 , 28 A. 503 ; Hanson v. Hanson , 149 Iowa, 82 , 127 N.W. 1032 ; In re Sanford's Estate , supra; Buckner v. Carr , 302 Ill. 378 , 134 N.E. 760 ; Knight v. Gregory , 333 Ill. 643 , 165 N.E. 208 ; Grove v. Willard , 280 Ill. 247 , 117 N.E. 489 .) The Montana administrator has ample power to proceed to sell [6] without the court order; he has the same power as the executor would have had.

1932The doctrine of equitable conversion applies, and therefore her real estate should be treated as personalty. ( Darlington v. Darlington , 160 Pa. 65 , 28 A. 503 ; Hanson v. Hanson , 149 Iowa, 82 , 127 N.W. 1032 ; In re Sanford's Estate , supra; Buckner v. Carr , 302 Ill. 378 , 134 N.E. 760 ; Knight v. Gregory , 333 Ill. 643 , 165 N.E. 208 ; Grove v. Willard , 280 Ill. 247 , 117 N.E. 489 .) The Montana administrator has ample power to proceed to sell [6] without the court order; he has the same power as the executor would have had.

1932The doctrine of equitable conversion applies, and therefore her real estate should be treated as personalty. ( Darlington v. Darlington , 160 Pa. 65 , 28 A. 503 ; Hanson v. Hanson , 149 Iowa, 82 , 127 N.W. 1032 ; In re Sanford's Estate , supra; Buckner v. Carr , 302 Ill. 378 , 134 N.E. 760 ; Knight v. Gregory , 333 Ill. 643 , 165 N.E. 208 ; Grove v. Willard , 280 Ill. 247 , 117 N.E. 489 .) The Montana administrator has ample power to proceed to sell [6] without the court order; he has the same power as the executor would have had.

1932The doctrine of equitable conversion applies, and therefore her real estate should be treated as personalty. ( Darlington v. Darlington , 160 Pa. 65 , 28 A. 503 ; Hanson v. Hanson , 149 Iowa, 82 , 127 N.W. 1032 ; In re Sanford's Estate , supra; Buckner v. Carr , 302 Ill. 378 , 134 N.E. 760 ; Knight v. Gregory , 333 Ill. 643 , 165 N.E. 208 ; Grove v. Willard , 280 Ill. 247 , 117 N.E. 489 .) The Montana administrator has ample power to proceed to sell [6] without the court order; he has the same power as the executor would have had.

1995The rule was stated in In the Matter of the Estate of Wooten (1982), 198 Mont. 132, 137-38 , 643 P.2d 1196 , 1199: ... we find that this is a proper case for application of the doctrine of equitable conversion.

1995The rule was stated in In the Matter of the Estate of Wooten (1982), 198 Mont. 132, 137-38 , 643 P.2d 1196 , 1199: ... we find that this is a proper case for application of the doctrine of equitable conversion.

1986“If the vendor is so situated that he cannot make title according to the contract, the purchaser will not be regarded as the owner; and if the property is damaged before the *325 vendor is in condition to convey, the loss must fall on him, and not on the purchaser.” [Citations omitted.] Phillips v. Bacon (1980), 267 S.E.2d 249, 250 .

1974Kern v. Robertson, 92 Mont. 283 , 12 P.2d 565 ; State v. Kistner, 132 Mont. 437 , 318 P.2d 223 ; McDonald v. Hoffman, 133 Mont. 65 , 320 P.2d 357 .

1974Kern v. Robertson, 92 Mont. 283 , 12 P.2d 565 ; State v. Kistner, 132 Mont. 437 , 318 P.2d 223 ; McDonald v. Hoffman, 133 Mont. 65 , 320 P.2d 357 .

1932R. 1036, 147 Atl. 4 .) The doctrine of equitable conversion does not apply to option contracts.