In re Estate of Sagel
Pennsylvania Superior Court
901 A.2d 538 (2006)
- Written by Salina Kennedy, JD
Facts
Henry Sagel’s will included a specific devise to his son, Gregory Sagel (plaintiff) of all tangible personal property Henry owned at his death. The will devised the residue of the estate to beneficiaries other than Gregory. Henry died when his personal airplane crashed. Both the airplane and the Rolex watch Henry was wearing at the time of the crash were destroyed, and the estate collected the insurance proceeds for the items. Gregory claimed that, as the devisee of all of Henry’s tangible personal property, he was entitled to the insurance proceeds for the plane and the watch. Henry’s estate (defendant) argued that Henry did not own the plane and the watch at the time of his death because they had been destroyed in the crash. Therefore, argued the estate, the watch and the plane were adeemed by extinction and the insurance proceeds for those items passed under the will’s residuary clause. The trial court found for Gregory, and the estate appealed.
Rule of Law
Issue
Holding and Reasoning (Lally-Green, J.)
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