Our Lady of Lourdes v. Vanator

SMITH, Justice.

This appeal presents the issue whether a clause of a decedent’s will specifically devising real property, was adeemed in favor of the residuary legatees, by a guardians’ sale of the property after the testatrix was adjudged incompetent, particularly where, upon death of the incompetent, there remained unexpended proceeds of the sale.

The sixth and seventh clauses of Flora Vandal’s will read:

“Sixth: I give, devise and bequeath my real property in Lewiston Orchards, being Lot 3, Block 91 of said Lewiston Orchards, according to the recorded plat thereof, to my friends, Mr. and Mrs.…