Wednesday, February 14, 2007
In Bolte v. Robertson, 941 So. 2d 920 (Ala. 2006), the testator devised his real property, including “all right, title, and interest in and to” real property acquired by inheritance or otherwise from his predeceased wife, to a single individual.
The testator then sold part of the inherited realty and took back a purchase money mortgage.
The court held that the devise was specific and thus under the applicable anti-ademption statute, the devisee would receive the outstanding balance on the mortgage.
Note that in other states, this type of tracing would not be allowed and the devise would adeem.