Legal Definition and Related Resources of Equitable Conversion

Based on the principle that equity regards that as done which ought to have been done, where nothing has intervened to prevent performance . The doctrine is applied in the administration of estates of a deceased testator , in the administration of trusts, etc. The court would regard , pursuant to this doctrine, real estate as converted to personalty and vice versa. Where there is a direction in the will that a certain land be sold and converted to money or money is directed to be employed in the purchase of lands, courts of equity will consider it that species of property into which it is directed to be converted. See Peter v Beverley, 10 Pet. 532, 9 L.Ed. 522; Given v Hilton, 95 U.S. 591, 24 L.Ed. 458. This doctrine is invoked only in cases where it is required by necessity and justice and primarily to carry out the intentions of the testator or settlor of the trust . The doctrine may also be invoked in situations where the effect is to go against the will of one of the parties , as where there is an executory contract for the sale of land enforceable against the vendor or the vendee. The vendee in such a situation becomes a beneficial owner of the property and the vendor retains only naked legal title in trust for the vendee and as security for vendee’s performance. See In re Sweet’s estate , (Fla.App.) 254 So.2d 562.

See “Conversion.”

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Equitable Conversion in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Equitable Conversion in Historical Law in the Encyclopedia of Law.

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This definition of Equitable Conversion is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

Concept of Equitable Conversion in the context of Real Property

A short definition of Equitable Conversion: A legal fiction applied to a land contract which treats the vendee’s (buyer’s) interest as a real property interest even though the seller holds legal title, and the seller’s interest as a security interest (personal property). This enables the buyer to act as the “owner” of the property without having “legal” title.

Concept of Equitable Conversion in the context of Real Property

A short definition of Equitable Conversion: A legal fiction applied to a land contract which treats the vendee’s (buyer’s) interest as a real property interest even though the seller holds legal title, and the seller’s interest as a security interest (personal property). This enables the buyer to act as the “owner” of the property without having “legal” title.