Florida Court Holds that Doctrine of Equitable Conversion Does Not Prevail Over State Statute Preventing Ademption

The Georgia domiciled decedent bequeathed his Florida condominium to his mistress. The decedent entered into a contract to sell the condominium before he died, but the decedent died before the closing date. The condominium was sold pursuant to the agreement, and the mistress filed an action in a Georgia court to collect the proceeds from the sale. The executor and trustee of the decedent’s testamentary martial trust and a beneficiary under the decedent’s will filed a response, claiming the bequest of the condominium had adeemed. The probate court held the bequest had adeemed, and the mistress appealed.

In Melican v. Parker, 289 Ga. 420 (2011), the court held that, under Florida law, a specific devisee is entitled to any balance of the purchase price of the specifically devised property remaining unpaid at the testator’s death. Since real property is subject to the law of the situs, a divided Georgia Supreme Court reversed the probate court and held the Florida statute applied. The court ruled that the unpaid purchase price of the condominium belonged to the mistress.

The dissenting justices argued that the doctrine of equitable conversion applied, making the condominium personal property at the time of the decedent’s death. The dissenting justices asserted that, therefore, Florida law did not apply and the condominium should have adeemed pursuant to Georgia law.

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.