Bolte v. Robertson

The issue presented by these appeals is whether the trial court erred in determining that the nonademption policy of §43-8-227(a)(1), Ala. Code 1975, applied and that, therefore, Era Robertson was entitled at Silas Downey's death to the proceeds due from the sale of real property devised to Robertson but sold before Downey died.

I. History

Downey executed a three-page will on April 1, 1988. His wife had died before he executed the will. Article Two of Downey's will made the following bequest to Robertson, his wife's sister:

"[A]ll right, title, and interest I may have in and to any real estate…