In re Estate of Nakoneczny
Pennsylvania Supreme Court
456 Pa. 320, 319 A.2d 893 (1974)
- Written by Rose VanHofwegen, JD
Facts
Michael Nakoneczny owned a building where he operated a tavern and lived with his family. He turned the tavern over to his son Paul in 1960. At the time, Michael’s will included a specific devise of the property to Paul, including the fixtures and liquor license. The will would also have allowed Michael’s executor to sell the parcel and make distributions to Paul in kind had Michael died at that time. But the city urban-redevelopment authority acquired the property in 1968. Michael used the bulk of the proceeds to buy bonds, which he kept until he died in 1970, leaving a substantial estate. His will and codicils, still specifically purporting to devise the property to Paul, were admitted to probate. Paul and his wife filed exceptions seeking to recover the bonds purchased with the proceeds from the property. The auditing judge dismissed the exceptions reasoning that the specific devise had been adeemed, or canceled, and the court affirmed. Paul and his wife appealed.
Rule of Law
Issue
Holding and Reasoning (Nix, J.)
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