King v. . Sellers
Supreme Court of North Carolina
1Opinion of the CourtBeogdeN, J.
What constitutes tbe ademption of a legacy under tbe law of tbis State?
Tbe legacy in controversy was a specific legacy. Ademption, in law, denotes tbe destruction, revocation or cancellation of a legacy in accordance witb tbe intention of tbe testator and results either from express revocation or is implied from acts done by tbe testator in bis lifetime, evincing an intention to revoke or cancel tbe legacy. Tbe question was considered in Starbuck v. Starbuck, 93 N. C., 183, and tbe conclusion of tbe Court tbus stated: “Specific legacies are said to be adeemed, wben in tbe lifetime of tbe…
2Cases cited6 opinions
- Cornwell v. Mount Morris Methodist Episcopal ChurchWest Virginia Supreme Court · 1913
- Starbuck v. . StarbuckSupreme Court of North Carolina · 1885
- Durham's Admr v. ClayCourt of Appeals of Kentucky · 1911
- Nooe v. . VannoySupreme Court of North Carolina · 1861
- Perry v. . PerrySupreme Court of North Carolina · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brown v. SchafferIndiana Court of Appeals · 1969
- Mitchell v. MitchellSupreme Court of Arkansas · 1945
- Cable v. HARDIN OIL COMPANYCourt of Appeals of North Carolina · 1971
- Sears v. BraswellSupreme Court of North Carolina · 1929
- Green v. GreenSupreme Court of North Carolina · 1950
8 more not listed; retrieve them via the Exa API.