Eddington v. Turner

27 Del.Ch. 411, 38 A.2d 738, 155 A.L.R. 562 (1944)

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Nature of the Case

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Facts

Thomas Turner executed a will in which he devised certain land to his sister Sallie for life. There was no residuary taker of the land under the will. Turner's two sons (D) were his heirs at law and the executors of his estate. Shortly after making the will, Turner entered an agreement with Eddington (P), in which he granted P an option to purchase certain land, including that which he had devised to his sister. The option was to be exercised within 60 days. Before the 60 days were up, Turner died. Subsequent to Turner's death, but before the expiration of the option, P exercised the option. P then filed a suit for specific performance. The lower court granted specific performance, and held that Sallie was entitled to a life estate in the proceeds from the sale of the land, and that upon her death, the proceeds should be turned over to D. D appeals, claiming that the proceeds of the sale constituted personal property and should, therefore, have been distributed to them.