In re Estate of Radford
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The Supreme Court reversed the decision of the county court on an application for direction that found money Sheila Radford gave Mary Radford prior to Sheila's death was an ademption of Mary's interest in Sheila's trust, holding that the county court erred in finding the payment from Sheila to Mary constituted an ademption of Mary's share under Sheila's trust.
On appeal, Mary challenged the court's application of the ademption statute, Neb. Rev. Stat. 30-2350, to the trust, and alternatively, claimed the court erred in finding that it was Sheila's intent to have the money be an ademption of Mary's interest. The Supreme Court reversed, holding (1) the payment could not be a section 30-2350 ademption because Mary was not a devisee under Sheila's will; and (2) Sheila's payment to Mary could not constitute an ademption by satisfaction because Mary was a beneficiary under the trust and not a devisee under the will.
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