In re Estate of Honse

Does the court-ordered sale of property by a conservator to support his incompetent ward completely adeem a specific bequest or devise to a beneficiary of the ward’s trust? Our answer on these facts is “No.” Instead, the bequest or devise is adeemed only to the extent the sale proceeds are used to support the ward or pay estate expenses and, after the ward’s death, the balance of the identifiable proceeds passes to the beneficiary.

I. Factual and Procedural Background

The record on appeal consists solely of the legal file, from which our summary of the facts is drawn. Donald Honse (Donald) and…