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Willis v. Barrow, 218 Ala. 549, 119 So. 678

Facts

Thomas Jefferies executed his will on February 22, 1927, which included specific bequests to his three Autrey sisters from his savings deposit in the Troy Savings Bank. After his death on May 14, 1927, it was revealed that he had transferred the funds from the Troy Savings Bank to the First National Bank in Mobile shortly after executing his will. The trial court was asked to determine whether the bequests to the Autrey sisters were specific legacies and whether the transfer of the funds constituted an ademption of those legacies.

At that time he had a savings deposit in the Troy Savings Bank in Troy, New York, amounting to $3,541.81.

Issue

The main legal issues were whether the bequests to the Autrey sisters were specific or demonstrative legacies, and if they were specific, whether the transfer of the funds from the Troy Savings Bank to the First National Bank resulted in the ademption of those legacies.

The case is narrowed to a construction of the bequests to each of the three Autrey sisters in these words: 'One-third the money owned by me which is on deposit in the Troy Savings Bank of Troy, New York.'

Rule

A specific legacy is a bequest of a particular article or specific part of the testator's estate that can be identified, while a demonstrative legacy is a bequest charged upon a particular fund but is treated as a type of general legacy. The law favors the construction of wills to uphold rather than defeat devises and bequests.

A specific legacy is a bequest of a particular article or specific part of the testator's estate which is so described and distinguished from all other articles or parts of the same as to be capable of being identified.

Analysis

The court determined that the bequests to the Autrey sisters were specific legacies because they were clearly identified as 'the money owned by me which is on deposit' in a named bank. The court rejected the argument that the transfer of the funds constituted an ademption, reasoning that the testator intended for the specific fund to be the object of the gift, regardless of the change in the place of deposit.

We are clear to the conclusion these are specific legacies.

Conclusion

The court concluded that the legacies to the Autrey sisters were specific bequests and that the transfer of the funds did not result in their ademption. The decree was modified to clarify that the legacies were subject to abatement if necessary, and the court affirmed the trial court's ruling.

We see no indication of a different intent in transferring this fund to another bank.

Who won?

The prevailing party was the First National Bank of Mobile, as executor of the estate, because the court upheld the trial court's decision to distribute the funds to the Autrey sisters as specified in the will.

The court went a bit further and decreed the legatees were entitled to and should receive the fund in full, naming the amount.

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Needham v. Hamilton, 459 A.2d 1060

Castleton’s Estate v. Schlicht, 504 P.2d 1103

Levin v. Fisch, 404 S.W.2d 889

Watson v. Hinson, 162 N.C. 72, 77 S.E. 1089, Am.Ann.Cas. 1915A,870

Matter of Estate of Corbett, 289 N.C.App. 629, 888 S.E.2d 408 (Table), 2023 WL 4340518