What is the testator's personalty when he dies?
Saskatchewan, Canada
The following excerpt is from Wormsbecker v. Wormsbecker, 1947 CanLII 223 (SK CA):
The case of In re Pyle; Pyle v. Pyle [1895] 1 Ch 724, 64 LJ Ch 477, may seem to be the nearest in point to the case at bar. In that case the testator devised certain land to a devisee and later leased the land with an option to purchase. On the same day that the land was leased the testator made a codicil in which he confirmed his will. The option was exercised after the death of the testator, and it was held that the proceeds of the sale belonged to the devisee. In that case, however, at the time of the death of the testator the property still was land. It was not until after the death of the testator that it became personalty.
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