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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 366   View pdf image (33K)
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366 HIGH COURT OF CHANCERY.
ELIJAH MANSHIP ET AL.
vs. MARCH TERM, 1849.
WM. S. EVITTS ET AL.
[CONVERSION- OF REALTY INTO PERSONALTY—RIGHT OF SURVIVING HUSBAND TO
PERSONAL PROPERTY OF HIS WIFE.]
WHERE real estate is sold under a decree of this court, the mutation from
realty to personalty is complete when the sale is ratified by the court, and
the purchaser has complied with the terms of it, by paying the purchase
money, if the sale is for cash, or by giving bonds if the sale is on credit.
In this case, the sale was ratified, and the purchaser had complied with the
terms by paying the cash installment of purchase money, and giving bonds
with sufficient surety for the balance, and the Auditor had assigned a portion
of the proceeds to M. and wife, in right of the wife, who was one of the
heirs at law of the deceased, whose estate was sold. After this, the wife
died, leaving her husband surviving her, and having had issue during cover-
ture, which issue was then dead. HELD—
That the change from real to personal estate was complete before the death of
the wife, and the proportion of the purchase money which had been assign-
ed to the huaband and wife, must be regarded as a chose in action, and as such
aurwed to the husband.
[A decree was passed on the 23d of May, 1845, for a sale of
the real estate of Jonathan Evitts, late of Caroline county, de-
ceased, for the purpose of partition among his children and heirs
at law, upon a bill, filed by such of the heirs as were of age,
against those that were infants. After the sale and compliance
on the part of the purchaser, and report of the auditor, the dates
of which are stated in the opinion, Elijah Manship, one of
the complainants, filed a petition, stating the death of his wife
Louisa, and claiming, as surviving husband, the whole of the
sum assigned to him, in right of his said wife. The other
heirs at law, answered this petition, insisting, that he was en-
titled only to tenancy by the courtesy therein. Upon this
petition, the following opinion was delivered:]
THE CHANCELLOR:
The trustees' report in this case, which was filed on the
7th of October, 1846, states, that the purchaser, William Du-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 366   View pdf image (33K)
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