Smith v. Estate of Peters

OPINION

MATTHEWS, Justice.

This is an appeal from the superior court’s disposition of the estate of Donald Gene Peters, also known as James A. Ball. Peters died unmarried and intestate on July 18, 1984. He was survived by two heirs, a brother and a sister,1 who were awarded the right to inherit Peters’ entire estate under Alaska’s intestacy statute, AS 13.11.015(3).2 The appellant Danaan Smith objects to this distribution based on a letter bequeathing $10,000 to her. The issue is whether Smith’s bequest was extinguished by ademption during Peters’ lifetime.

I. FACTS AND PROCEEDINGS

In 1971,…