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plaintiffdefendantprobatewillappellee

testimonyprobatewillappellee

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Glasscock v. Layle, 21 Ky.L.Rptr. 860, 53 S.W. 270

Facts

N. B. Layle owed J. Glasscock over $200. Margaret Layle, N. B. Layle's mother, had made a will in 1888, which was probated after her death in 1897, leaving N. B. Layle entitled to one-ninth of her estate. However, in July 1889, Margaret paid N. B. Layle $400, which the appellees argued was in full satisfaction of his interest in her estate. The court had to determine whether this payment adeemed the bequest in the will.

It further appears that Margaret Layle, the mother of N. B. Layle, October 4, 1888, made her last will and testament, which, after her death, in 1897, was duly probated. By the terms of said will, the said N. B. Layle was entitled to one-ninth of her estate remaining after debts and a few specific devises.

Issue

Whether the $400 payment made to N. B. Layle by his mother constituted an ademption of the bequest in her will.

The only question presented for decision is whether the $400 was an ademption of the devise to N. B. Layle in the will of his mother.

Rule

A payment made by a testator to a beneficiary can constitute an ademption of a bequest if it is intended to satisfy the bequest in full.

It seems to us that the evidence sustains the contention of appellees as to this question.

Analysis

The court analyzed the evidence surrounding the $400 payment, noting that it was made at the request of Margaret Layle and was intended to satisfy N. B. Layle's interest in her estate. The receipt signed by N. B. Layle indicated that he acknowledged the payment as his interest in his mother's estate. The court found that the evidence supported the appellees' contention that the payment adeemed the bequest.

The testimony of Webster is to the effect that he made the payment at the request of the mother, and it was in full satisfaction of his (Layle's) interest in her estate.

Conclusion

The court affirmed the judgment in favor of the defendants, concluding that the $400 payment constituted an ademption of the bequest to N. B. Layle in his mother's will.

Judgment affirmed.

Who won?

Defendants (N. B. Layle and others) prevailed because the court found that the $400 payment was intended to satisfy the bequest in the will, thus negating any claim by the plaintiff.

The contention of appellees is that the $400 payment to N. B. Layle was in full satisfaction of the bequest to him in the will of his mother.

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