Matter of Estate of Anderson

This appeal involves the application of Wisconsin’s nonademption statute, sec. 853.35, Stats. Under common law ademption, if specific property given by will was sold or destroyed before the testator died, the gift failed because that property was "no longer part of the testator’s estate at the time of his death.” Estate of Atkinson, 19 Wis. 2d 272, 274, 120 N.W.2d 109, 110 (1963). Section 853.35, Stats., at tempts to preserve at least a portion of the gift’s value for the specific beneficiary in certain situations, despite destruction or sale of the gift. The statute, however, "is…