WYMAN v. ROESNER

No. 80-472.

439 A.2d 516 (1981)

Michael WYMAN, et al., Appellants, v. Jerard W. ROESNER, et al., Appellees.

District of Columbia Court of Appeals.

Decided December 30, 1981.


Attorney(s) appearing for the Case

Rotraud M. Perry, Washington, D. C., for appellants.

John A. Kendrick, Washington, D. C., for appellees.

Before KERN, HARRIS, and FERREN, Associate Judges.


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....

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