Grant v. Banks

The first and principal question presented by this appeal is whether there was an ademption of the specific devise of the store building described in Item Third of the last will and testament of Rebecca Kennedy when the property was sold under court order by the trustee during the lifetime of the testatrix, but during her mental and physical incompetency, which incompetency continued until her death.

The principle of ademption is a well recognized legal principle in the law of wills, but its application or even definition often presents difficulty.. . It is, for example, sometimes said that…