SHRINER'S HOSPITAL, ETC. v. STAHL

No. B-8611.

610 S.W.2d 147 (1980)

SHRINER'S HOSPITAL FOR CRIPPLED CHILDREN OF TEXAS et al., Petitioners, v. Ola Mae STAHL et al., Respondents.

Supreme Court of Texas.

Rehearing Denied January 28, 1981.


Attorney(s) appearing for the Case

Mark White, Atty. Gen., Amie Rodnick, Asst. Atty. Gen., Austin, Tinsman & Houser, H. David Peeples, San Antonio, Wynn, Brown, Mack, Renfro & Thompson, Henry C. Meyer, Fort Worth, James H. Walker and Leonard E. Choate, Dallas, Pat Beard, Waco, for petitioners.

Philip E. Hamner, San Antonio, for respondents.


SPEARS, Justice.

This is a will construction case. The issues are (1) whether a specific devise of property was adeemed by extinction when the testatrix sold the subject property before her death and, (2) if adeemed, whether the note received from the sale of that property passes by partial intestacy or under the residuary clause of the will. The term ademption describes the extinction of a specific bequest or devise because of the disappearance of or disposition...

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