IN RE ESTATE OF JESSEMAN

No. 80-320.

121 N.H. 313 (1981)

In re ESTATE OF NORMAN L. JESSEMAN

Supreme Court of New Hampshire.

April 17, 1981.


Attorney(s) appearing for the Case

Hall, Morse, Gallagher & Anderson, of Concord (Charles T. Gallagher on the brief and orally), for the devisee and legatee, Jessie M. Jesseman.

Flynn, McGuirk & Blanchard, of Portsmouth (Anthony S. Hartnett on the brief and orally), for the residuary legatee, Lois A. Armstrong.


PER CURIAM.

The issue presented in this case is whether the proceeds from the sale of land pursuant to a written contract signed by the vendor pass to the devisee of the real estate, or to the residuary legatees under the vendor's will, when the vendor has died before the land has been conveyed and before the contract has become specifically enforceable by the parties. We hold that the devisee is entitled to the proceeds.

Norman L. Jesseman died on September...

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