Legal Opinion
Wyman v. Roesner
District of Columbia Court of Appeals
Decided December 30, 1981No. 80-472PublishedCited by 46 opinions
1Opinion of the Court
FERREN, Associate Judge:
The principal question in this case is whether a legacy of “the remainder due, if any,” on a note was adeemed (extinguished) by payment of the note before the testator’s death. We agree with the trial court that this gift is a specific bequest which could be lost through ademption. On the undisputed facts, moreover, we agree that the gift was adeemed — that there was no “remainder due” on the note on the date of the testator’s death. Accordingly, we affirm summary judgment for appellees.
I
On October 23,1970, Charlotte E. Kostick deeded to her nephew, the decedent Thomas…
2Cases cited38 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Burch v. Amsterdam CorporationDistrict of Columbia Court of Appeals · 1976
- Kenaday v. SinnottSupreme Court of the United States · 1901
- Yasuna v. MillerDistrict of Columbia Court of Appeals · 1979
- Willis v. CheekDistrict of Columbia Court of Appeals · 1978
33 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Holland v. HannanDistrict of Columbia Court of Appeals · 1983
- Beckman v. FarmerDistrict of Columbia Court of Appeals · 1990
- Hollins v. Federal National Mortgage Ass'nDistrict of Columbia Court of Appeals · 2000
- Nickens v. Labor Agency of Metropolitan WashingtonDistrict of Columbia Court of Appeals · 1991
- Jarrett v. Woodward Bros., Inc.District of Columbia Court of Appeals · 2000
41 more not listed; retrieve them via the Exa API.