IN RE ESTATE OF HEGEL

No. 95-1627.

76 Ohio St.3d 476 (1996)

IN RE ESTATE OF HEGEL.

Supreme Court of Ohio.

Decided August 28, 1996.


Attorney(s) appearing for the Case

Huprich & Conn and Jennifer K. Gothard; Cors & Bassett and L. Barry Cors, for appellee.

Keating, Ritchie, Norwine & Swick and Kevin L. Swick; and Lloyd D. Dooley, for appellant.


FRANCIS E. SWEENEY, SR., J.

In this case, we must determine whether an ademption has occurred where specifically devised property was sold to a third party prior to the testator's death under a durable power of attorney. Since we find that the devise has been adeemed, we reverse the decision of the court of appeals.

The Principle of ademption refers to "a taking away" of a specific bequest or devise and occurs...

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