Douglas v. Newell

ROONEY, Justice,

dissenting in Case No. 85-105.

My dissent from the “Ademption” section of the majority opinion was originally presented to the Court for consideration as part of the majority opinion. It read as follows:

ADEMPTION — CASE NO. 85-105

In In re Estate of Scott, Wyo., 642 P.2d 1287, 1289 (1982), on appeal after remand, 657 P.2d 361 (1983), we said that “[a]demption has been defined in several ways,” and we quoted definitions thereof from several sources. Among such definitions were:

“ ‘Ademption means “a taking away.” For our purpose if the particular piece of property, real or…