In re Wight's Estate

Summary

The court determines whether a guardian's court-approved sale of an automobile specifically bequeathed in the ward's will constituted an ademption of the specific legacy. Applying Florida's statutory adoption of the common law of England as of July 4, 1776, the court concludes that a guardian's sale does not adeem the legacy when the testator was competent when the will was made, incompetent when the sale occurred, and never regained competency. The legatee's interest is therefore adjudicated under that rule.

Holdings

1. A guardian's sale or other court-approved transfer of property specifically bequeathed by a testator who was competent when the will was made, but incompetent at the time of the sale and until death, does not adeem the specific bequest.
2. Mary C. McGovern's interest in the estate was adjudicated under the rule that the guardian's sale did not adeem the specific bequest.

Questions Presented

1. Whether a guardian's court-approved sale of personal property specifically bequeathed in the will of a testator who was competent when the will was made, but incompetent at the time of the sale and until death, causes an ademption of the specific bequest.
2. Whether Florida's statutory adoption of the common law of England as of July 4, 1776 requires application of the pre-Ashburner English rule that a guardian's sale of specifically bequeathed property does not adeem the legacy absent testamentary intent.

Disposition

other