Tighe v. Michal

MITCHELL, Judge.

This appeal presents several issues involving the principle of ademption. An ademption is, quite simply, the extinguishment of a testamentary gift. Although a determination of when an ademption has.taken place is often difficult, an ademption generally occurs whenever the subject matter of a specific devise or bequest is not found in the estate of a testator at the time of his death. E.g., Starbuck v. Starbuck, 93 N.C. 183 (1885).

In determining whether an ademption has occurred, it must first be determined whether the principle of ademption is a rule of law or a rule of…