Equity : An Analysis And Discussion of Modern Equity Problems, With Notes On Missouri Cases

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Dawson (1825) 2 Sim. & St. 327; but if he died after the sale it goes to his next of kin because at the time of his death he had no real estate; Graham v. Dickinson (1848) 3 Barb. Ch. (N. Y.) 169; 21 Harv. Law Rev. 630; 22 Harv.
LaV Rev. 451.
11. Clarke v. Franklin (1858) 4 K. & J. 257 (direction to turn over part of the proceeds of sale to a charity was void; the lapsed share was treated as personalty).
§ 449] MISCELLANEOUS TOPICS. 601 requirement that all the trustees shall execute a deed of
...realty ;i2 but as to whether it prevents the attach- ment of a judgment lien on land before the actual sale takes place there is a conflict of authority.^* The better view is that the rule does not apply to deprive a widow of her dower right. ^* The doctrine of equitable conversion has also been applied wherie an unconditional direction to sell has proceeded from a court of competent authority and the owner dies before the sale actually takes place.^^ And where the property of one who is not sui juris has ac- tually been sold or invested by order of court dui^ing such disability, it is usually held that equity will pro- tect the interests of such incompetent and his represen- tatives by regarding his property right as if no con- version had taken place, till such disability is removed.^'' § 449.

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