Atkinson v. Atkinson

The sole issue on this appeal is whether the sale of land on land contract by a testator subsequent to the execution of his will, wherein he specifically devises such land, causes an ademption of such devise.

In Anglo-American law, ademption connotes the taking away of the subject matter of a specific legacy or devise by its destruction or disposition by testator in his lifetime. 3 American Law of Property, p. 604, sec. 14.13. Thus the specific devise or legacy cannot be given effect because the specific property attempted to be devised or bequeathed is no longer part of testator’s estate at…