## Facts

- Thomas W. Turner executed a will devising his sister, Sallie B. Turner, a life estate in specified land.
- Three days later, Turner granted John Robert Eddington a 60-day option to purchase a larger tract that included the land subject to Sallie’s life estate.
- Turner died before the option period expired; his two sons were his only heirs and served as executors.
- After Turner’s death but within the option period, Eddington exercised the option and obtained specific performance; the purchase price was paid into court.
- The trial court treated the sale proceeds as a substitute for the land and awarded Sallie a life interest in a proportionate share of the proceeds corresponding to the life-estate parcel; the sons were to receive the principal at her death, secured by bond.
- The sons appealed, arguing the option caused equitable conversion of the land into personalty relating back to the option date, leaving Sallie no interest.

## Issues

1. Whether a post-will option to purchase, exercised after the testator’s death, equitably converted the subject land into personalty as of the option date under a “relation back” theory.
2. Whether the sale proceeds should be distributed entirely as personalty to the estate’s personal representatives, or instead treated as a substitute for the devised land to preserve the life tenant’s interest.

## Decision

- The Delaware Supreme Court affirmed the decree.
- The court held that the granting of the option and its post-death exercise did not effect equitable conversion relating back to the option date for testamentary purposes.
- Sallie was entitled to a life interest in the proportionate share of the sale proceeds attributable to the land devised to her for life, with the sons entitled to the proportional principal upon her death.

## Legal Principles

- Equitable conversion does not arise from a mere option to purchase, before its exercise, when the optionor has no enforceable right to the purchase money during life.
- A post-will option, uncertain to be exercised at the testator’s death, will not be treated as transforming a specific devise of land into personalty by relation back so as to defeat the devise.
- When devised land is sold after death pursuant to an option exercised post-death, courts may treat the proceeds as a substitute for the land and preserve the life tenant’s economic interest, with remaindermen receiving principal at the life tenant’s death.
- Testamentary intent, as expressed in the will, informs whether conversion doctrines should be applied in a way that would nullify a specific devise.

## Conclusion

Because the option was unexercised at Turner’s death and gave him no enforceable right to a fund of purchase money during life, the land remained realty for purposes of the will; the later sale proceeds were treated as a substitute for the devised land, entitling the sister to a proportional life interest and leaving the principal to the sons at her death.


Eddington v. Turner, 38 A.2d 738 (Del. 1944)