Falin v. Shelton

By Judge S. W. Coleman, III

The court will first consider the issue arising from paragraph Ninth of the Samuel Scott Falin will relating to whether an ademption occurs to a legacy providing for payment of the monthly rental from specific properties when that property is transferred after the death of the testator by the exercise of purchase options contained in leases executed by the testator during his lifetime, all prior to the date of execution of the will. The present issue which this court is called upon to decide before consideration of the foregoing dispositive issue is whether parol…