If a written contract of the devisee was adopted by the testator, would it have been considered as retrospectively converted as personal estate?
Saskatchewan, Canada
The following excerpt is from Casey Estate (Re), 1935 CanLII 175 (SK QB):
The conclusion therefrom is that if the written contract of the devisee had been an adoption of the verbal agreement of the testator, the land would have been considered as retrospectively converted into personal estate. And on such a state of facts it has been so held: Frayne v. Taylor (1864) 10 Jur. (N.S.) 119, 33 L.J. Ch. 228.
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