Rodgers v. Rodgers (Majority, with Dissenting)Annotate this Case
At issue in this case was whether the proceeds from the sale of timber, which was harvested from land that was specifically devised in a will, should be considered part of the decedent's residuary estate. Appellant, the executor of decedent's will, requested that the circuit court decide whether an ademption had occurred after Appellee Gary Morgan conveyed by timber deed several trees on decedent's property and transferred a portion of the proceeds to Nancy Morgan. The court declined to rule on the issue of ademption and found that the proceeds from the sale of timber became part of the residuary estate. The Supreme Court reversed, thereby adopting the intention theory as the law in Arkansas, holding that if the property that is the subject of a specific devise is sold by an attorney in fact at a time when the testator is incompetent, and the testator does not regain testamentary capacity before his or her death, an ademption of the specific devise does not take place as to the unexpended, identifiable proceeds of the sale. Remanded.