Johnston v. Estate of Wheeler

GLICKMAN, Associate Judge:

The legatees of a specific bequest in the will of Genevieve I. Wheeler appeal from a decision of the probate court that the bequest failed by ademption, the doctrine that a legacy of a specific asset is extinguished if the asset no longer exists at the time of the testator’s death. The question presented is whether Wheeler’s bequest of her investments under a retirement plan offered by her employer adeemed because, upon her retirement, she “rolled over” those investments into an Individual Retirement Account (IRA) without revising the terms of her will to reflect the…