Gaines v. Winthrop
2 Edw. Ch. 571 | New York Court of Chancery | 1835
The contract for sale is sufficiently proved ; and enough was done to render it binding upon the testator, and the complainant is entitled to a specific performance of the same.
But the question is : where shall he look for title—who is to execute the proper conveyance ? The rule is that a contract to sell is a revocation in equity pro tanto of a prior will. Still, as to the legal estate, the will remains in force ;
Decree accordingly.
