OUR LADY OF LOURDES v. VANATOR

No. 9883.

422 P.2d 74 (1967)

OUR LADY OF LOURDES, Plaintiff-Appellant, v. Richard VANATOR and Ernest King, Defendants-Respondents. In the Matter of the ESTATE of Flora VANDAL, Deceased.

Supreme Court of Idaho.

January 6, 1967.


Attorney(s) appearing for the Case

Blake, Givens & Feeney, Lewiston, James H. Hawley, Boise, for appellant.

Ware, Stellmon & O'Connell, Lewiston, for respondents.


SMITH, Justice.

This appeal presents the issue whether a clause of a decedent's will specifically devising real property, was adeemed in favor of the residuary legatees, by a guardians' sale of the property after the testatrix was adjudged incompetent, particularly where, upon death of the incompetent, there remained unexpended proceeds of the sale.

The sixth and seventh clauses of Flora Vandal's will read:

"Sixth: I give, devise and bequeath my real...

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