Lewis, Admr. v. Thompson

The single question of law presented by the record is whether a sale of real estate and an unconditional conveyance thereof revokes a specific devise of that same property contained in a will theretofore executed, where a note given by the purchaser for the unpaid balance of the purchase price is secured by a mortgage executed to the.testatrix as security for such note.

It is contended by counsel for the devisees that in such situation there is only a change from absolute ownership of the property to a mortgage interest therein by way of .security, which does not constitute an ademption or…