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In re Estate of Mason
California Supreme Court
62 Cal. 2d 213 (1965)
- Written by Sean Carroll, JD
Facts
Mary Mason executed a will devising her home to Robert Fairbank and the remainder of her estate to Katherine McKenna and others (residuary legatees). Subsequently, Mason became mentally incompetent. Mason’s guardian sold the home for approximately $21,000 and used the proceeds to support Mason, leaving only $556.66 of those sale proceeds upon Mason’s death. The trial court found a partial ademption of the gift to Fairbank and directed that Fairbank receive $556.66 and the residuary legatees receive the remainder of Mason’s estate—amounting to $6,808.08. Fairbank appealed.
Rule of Law
Issue
Holding and Reasoning (Traynor, C.J.)
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