IN RE ESTATE OF BAUER

No. S-04-429.

700 N.W.2d 572 (2005)

270 Neb. 91

In re ESTATE OF Lillian M. BAUER, deceased. Marvin E. Bauer, individually and as Personal Representative of the Estate of Lillian M. Bauer, deceased, appellant, v. Betty M. Bedient and Kathryn E. Ward, appellees.

Supreme Court of Nebraska.

July 1, 2005.


Attorney(s) appearing for the Case

Dennis D. King, of Smith, King & Freudenberg, P.C., Gordon, for appellant.

Howard P. Olsen, Jr., and John F. Simmons, of Simmons Olsen Law Firm, P.C., Scottsbluff, for appellees.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


STEPHAN, J.

The issue presented in this appeal is whether an ademption occurs when specifically devised real property is sold pursuant to a durable power of attorney prior to the death of the testator. We agree with the county court for Box Butte County that on the facts presented in the record, the sale resulted in an ademption, and that the proceeds of the sale remaining at the time of the testator's death were properly included in the residuary estate.

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