Bauserman v. Digiulian

The issue framed on this appeal is whether an executory land sales contract, conditioned upon the happening of an uncertain event, adeemed by extinction a specific devise of the property.

John P. DiGiulian and William C. Bauknight, executors of the estate of Inez A. DiGiulian, deceased, filed a petition for construction of Inez’s will. Appellants, respondents below, are the named beneficiaries of a specific devise of the subject property (hereinafter, the devisees). Appellees are the named beneficiaries of the residuary clause of the will (hereinafter, the residuary legatees) and the executors…