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JOHNSTON v. ESTATE OF WHEELER

Nos. 97-PR-851, 97-PR-903.

745 A.2d 345 (2000)

Celeste JOHNSTON, et al., Appellants, v. ESTATE OF Genevieve I. WHEELER, et al., Appellees.

District of Columbia Court of Appeals.

Decided February 17, 2000.

Attorney(s) appearing for the Case

Roy I. Niedermayer, Washington, DC, for appellants Celeste Johnston, Celeste Wellington and Chryssie Morris.

Thomas A. Mauro for appellant Michael O'Sullivan.

Charles N. Brower, Washington, DC, for appellee Jasmin Ponti.

Before STEADMAN, GLICKMAN and WASHINGTON, Associate Judges.

GLICKMAN, Associate Judge:

The legatees of a specific bequest in the will of Genevieve I. Wheeler appeal from a decision of the probate court that the bequest failed by ademption, the doctrine that a legacy of a specific asset is extinguished if the asset no longer exists at the time of the testator's death. The question presented is whether Wheeler's bequest of her investments under a retirement plan offered by her employer adeemed because, upon her retirement, she...

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