Taylor v. Goddard

Ness, Justice:

This is an action for declaratory judgment presenting a question of partial ademption of a devise of realty. The trial judge held there was an ademption and the petitioners have appealed.

On December 29,' 1967, the testatrix, Carrie Lou Senn, executed her will and a power of attorney. She appointed her daughter, Mildred Goddard, the respondent as the attorney in fact. Mrs. Goddard is a residuary legatee and serves as the named executrix of the testatrix’s estate. The appellants are the grandchildren of .the testatrix and are devised the proceeds of the sale of the Haynes’ Place.

Th…