THOMAS VS. WOOD. 399

eye of a court of equity, the will of the testator had converted
the real into personal estate, and the actual conversion by a
sale could not be necessary to give validity to rights founded
upon the equitable principle. That principal alone carries with
it all the consequences upon the rights of the parties which
would result from an actual sale; and, therefore, the circum-
stance that the sale had actually taken place in the lifetime of
the wife, in the case of Hurtt and Fisher, could not be neces-
sary to establish the title of the surviving husband.

In the case of Leadenham vs. Nicholson, 1 H. & (?., 267, the
learned judge who delivered the opinion of the court, re-assert-
ed the principle that land directed to be sold and converted into
money, will, before a sale, be considered as money, and pass
as such.

My opinion, therefore, is, without multiplying authorities
upon a point which seems very clearly settled, that Samuel W.
Thomas, the surviving husband of Isabella, is entitled to re-
ceive the legacy of two thousand dollars bequeathed his wife.

The second question has reference to the right of the testa-
tor's wife, Matilda B. Harrison.

It appears, that seventy of the eighty acres devised her by
her husband, being part of his dwelling plantation, were not
his property, but the property of the Honorable Kinsey Johns,
and that, by consent of all parties, those seventy acres have been,
or are to be, given up to him. Mrs. Harrison, in her answer
says, that she made no objection to such surrender, under the
belief that she was to be fully compensated therefor, and the
question is, whether she is entitled to such compensation out of
the residue of the estate.

She did not renounce the will, and as has been stated, is en-
titled to one-third of the proceeds of the sales of the real estate
after payment of debts, and to ten acres, the residue of the
eighty acres devised her by the will.

I am of opinion, that Mrs. Harrison, (the widow,) is not en-
titled to compensation out of the residue of the estate, for the
loss of this portion of the real estate devised to her by her hus-
band, unless it shall turn out that the share which she will re-