Estate of Hume
Tennessee Supreme Court
984 S.W.2d 602 (1999)
- Written by Sean Carroll, JD
Facts
Foster Hume executed a will that devised his house to his niece, Meredith Klank. Hume devised the residue of his estate to the University of the South. Prior to Hume’s death, his mortgage lender foreclosed on the house and sold it. The executrix of Hume’s estate determined that the sale adeemed the bequest of the house and that the excess proceeds from the foreclosure sale should go to the residue of Hume’s estate. Klank filed an exception to the executrix’s decision. The probate court ruled that the bequest of the house was not adeemed because there were proceeds left from the foreclosure sale. In so holding, the trial court relied on Hume’s intent and ruled that the proceeds of the foreclosure sale should go to Klank. The court of appeals affirmed. The University of the South appealed.
Rule of Law
Issue
Holding and Reasoning (Anderson, C.J.)
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