McGee v. McGee

Claire McGee's will left $20,000 to her friend Fedelma Hurd, and separately left her Texaco stock (or its sale proceeds) and any money in her bank accounts to her grandchildren. Shortly before McGee died, her son Richard, acting under her power of attorney, withdrew $50,000 from her bank accounts and used $30,000 to buy bonds. Her estate lacked enough assets to pay both bequests in full, and Richard, as estate administrator, sought court instructions on whether the bond proceeds should satisfy the gift to the grandchildren or to Hurd. The trial court found the grandchildren's gift was a specific devise but, disfavoring ademption, ordered the administrator to trace the bond funds back to McGee's bank accounts and use them to satisfy the grandchildren's gift; Hurd appealed, arguing ademption occurred when the funds were withdrawn and the bonds should instead satisfy her general devise.