Gibson's Estate
Gibson's Estate
Opinion of the Court
Opinion by
At the date of the will the testatrix was the owner of an undivided one-tenth of a parcel of real estate in Albany. This share she sold after the execution of the will, a part of the purchase money being secured by a mortgage on the premises conveyed. By the will her interest was devised to two sisters, Margaret and Isabella, and a brother, Dickinson. The will describes the property devised as “My interest in the real estate in the City of Albany, N. Y.” There can be no doubt that the intention of the testatrix was to give this real estate to her sisters and brother as real estate. The word “interest” is evidently used as synonymous with “share” rather than as descriptive of the character of the property intended to be given. When the sale took place this real estate was extinguished as a part of the property of the testatrix and ceased to be the subject of a devise. At the time the will took effect there was
The decree is affirmed.
Reference
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Wills — Devise—Ademption—Sale of real estate — Codicil. 1. Where a particularly described piece of ground is specifically devised, and afterward is sold by the testator, or taken from him by operation of law in his lifetime, the devisee takes nothing. 2. Testatrix devised to two sisters and a brother “to be divided equally” “my interest in the real estate in the City of Albany.” Subsequently she sold the real estate and took in part payment a purchase money mortgage. Afterwards one of the sisters died, and the testatrix made a codicil as follows: “Since the death of my sister M. my bequests to her I now transfer to my sisters S. and I.” In the original will there were other bequests to M. Held,, that the gift of the real estate was adeemed by its sale, and not revived by the codicil.