IN RE ESTATE OF HUME


984 S.W.2d 602 (1999)

In re ESTATE OF Foster HUME, III. The University of the South, Appellant, v. Meredith Klank, Appellee.

Supreme Court of Tennessee, at Nashville.

February 1, 1999.


Attorney(s) appearing for the Case

J. Richard Lodge, Jr., E. Clifton Knowles, Bass, Berry & Sims, PLC, Nashville, Tennessee, for Appellant.

Norman Gillis, Nashville, Tennessee, John Drummond, Nashville, Tennessee, for Appellee.


OPINION

ANDERSON, Chief Justice.

We granted this appeal to determine whether the probate rule of ademption by extinction applies to the specific bequest of a house, where the house is sold at foreclosure before the testator's death and sales proceeds representing the testator's interest are identifiable after his death.

The trial court, emphasizing the testator's intent as reflected by the will, concluded that the bequest had not been adeemed because...

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