University of the South v. Klank

OPINION

ANDERSON, Chief Justice.

We granted this appeal to determine whether the probate rule of ademption by extinction applies to the specific bequest of a house, where the house is sold at foreclosure before the testator’s death and sales proceeds representing the testator’s interest are identifiable after his death.

The trial court, emphasizing the testator’s intent as reflected by the will, concluded that the bequest had not been adeemed because there were proceeds remaining from the foreclosure sale. The foreclosure sale proceeds were ordered to be distributed to the beneficiary of the…