Rodgers v. Rodgers

JIM GUNTER, Justice.

11Appellant appeals the circuit court’s order finding that proceeds from the sale of timber, which was harvested from land that was specifically devised in a will, should be considered part of the decedent’s residuary estate. On appeal, he urges this court to reverse the circuit court and hold that if property that is the subject of a specific devise is sold by an attorney in fact at a time when the testator is incompetent, and the testator does not regain testamentary capacity before his or her death, an ademption of the specific devise does not take place as to the…