Horn's Estate

Opinion by

Me. Justice Linn,

Decedent died May 18, 1932, leaving a will dated July 21, 1926, duly proved. At the date of the will, he owned 209 shares of Ohio Fuel Corporation, a corporation of the State of Delaware. The 7th paragraph of the will provides “I will and bequeath to A. W. Clemens. . . . Also my Ohio Fuel Corporation stock.” The question is whether that legacy was adeemed.

The legacy was specific: Crawford’s Est., 293 Pa. 570, 574, 143 A. 214. When he died, no Ohio Fuel Corporation stock was found; prima facie, the specific legacy had been adeemed. The legatee’s executors contend…